Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 1 

Alaska Administrative Code Title 18 Environmental Conservation, 

Chapter 50 Air Quality Control 

(18 AAC 50) 

18AAC 50 Article 1. Ambient Air Quality Management 

18 AAC 50.005. PURPOSE AND APPLICABILITY OF CHAPTER. 

(a) The purpose of this chapter is to identify, prevent, abate, and control air pollution in a 

manner that meets the purposes of AS 46.03, AS 46.14, and 42 U.S.C. 7401 - 7671q 

(Clean Air Act). 

(b) The requirements of this chapter apply to any person who allows or causes air 

pollutants to be emitted into the ambient air. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.010. AMBIENT AIR QUALITY STANDARDS. 

The standards for concentrations of air pollutants in the ambient air, measured, 

determined, or predicted by an analytical method described in 18 AAC 50.035 or18 AAC 

50.215, are established as follows: 

State effective: 4/1/10; EPA effective: 11/21/12 

(1) for PM-10: 

(A) expected annual arithmetic mean of 50 micrograms per cubic meter; and 

(B) 24-hour average of 150 micrograms per cubic meter, with this standard being 

attained when the expected number of days in a calendar year with a 24-hour 

average concentration above 150 micrograms per cubic meter is less than or equal 

to one day; 

(2) for sulfur oxides, measured as sulfur dioxide: 

(A) annual arithmetic mean of 80 micrograms per cubic meter; 

(B) 24-hour average of 365 micrograms per cubic meter not to be exceeded more 

than once each year; and 

(C) three-hour average of 1300 micrograms per cubic meter not to be exceeded 

more than once each year; 

(3) for carbon monoxide: 

(A) eight-hour average of 10 milligrams per cubic meter not to be exceeded more 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 2 

than once each year; and 

(B) one-hour average of 40 milligrams per cubic meter not to be exceeded more 

than once each year; 

State effective: 10/1/04; EPA effective: 9/13/07 

(4) for ozone: a daily maximum eight-hour average of .075 parts per million, with 

this standard being attained when the three-year average of the annual fourth-highest 

daily maximum eight-hour average ozone concentration is less than or equal to .075 

parts per million; 

State effective: 4/1/10; EPA effective: 11/21/12 

(5) for nitrogen dioxide: annual arithmetic mean of 100 micrograms per cubic meter; 

(6) for lead: quarterly arithmetic mean of 1.5 micrograms per cubic meter; 

(7) for reduced sulfur compounds, expressed as sulfur dioxide: 30-minute average of 

50 micrograms per cubic meter not to be exceeded more than once each year; and

(8) for ammonia: 2.1 milligrams per cubic meter, averaged over any consecutive 

eight hours not to be exceeded more than once each year. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.015. AIR QUALITY DESIGNATIONS, CLASSIFICATIONS, AND 

CONTROL REGIONS. 

(a) To identify an area by its air quality, all geographic areas in the state are designated 

by the federal administrator as "attainment," "nonattainment," or "unclassifiable." An 

area is designated "attainment" for a particular air pollutant if its air quality meets the 

ambient air quality standard for that air pollutant. If air quality does not meet the ambient 

standard for a particular air pollutant, that area is designated "nonattainment" for that air 

pollutant. If there is insufficient information to classify an area as attainment or 

nonattainment for a particular air pollutant, the area is designated "unclassifiable" for that 

air pollutant. 

(b) The following areas have been designated by the federal administrator as "nonattainment" for the specified air pollutants: 

(1) for carbon monoxide 

(A) repealed 6/24/2004 

(B) repealed 6/24/2004 

(2) for PM-10: 

(A) Mendenhall Valley area of Juneau; and 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 3 

(B) Eagle River area of Anchorage. 

(c) To establish standards for the prevention of significant deterioration of air quality, 

geographic areas in the state are 

(1) divided into four "air quality control regions" as follows: 

(A) Cook Inlet Intrastate Air Quality Control Region; 

(B) Northern Alaska Intrastate Air Quality Control Region; 

(C) South Central Alaska Intrastate Air Quality Control Region; and 

(D) Southeast Alaska Intrastate Air Quality Control Region; and 

(2) classified as shown in Table 1 in this subsection for each air pollutant for which 

the area is designated "unclassifiable" or "attainment." 

 Table 1. Air Quality Classifications 

 Classification Geographic Area 

Class I areas Denali National Park including the Denali 

Wilderness but excluding the Denali 

National Preserve 

Bering Sea National Wildlife Refuge designated as a National Wilderness Area 

Simeonof National Wildlife Refuge 

designated as a National Wilderness Area 

Tuxedni National Wildlife Refuge designated as a National Wilderness Area 

Class II areas All other geographic areas in Alaska not 

classified as Class I or Class III 

Class III areas No areas in Alaska 

(d) The following areas are subject to maintenance plan requirements for carbon 

monoxide, as required under 42 U.S.C. 7505a, and as adopted by reference in 18 AAC 

50.030 as part of the state air quality control plan: 

(1) the Municipality of Anchorage; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 4 

(2) Fairbanks and North Pole urban area. 

Editor's note: The nonattainment area boundaries, the air quality control region 

boundaries, and the Class I area boundaries are depicted on maps in the state air quality 

control plan adopted by reference in 18 AAC 50.030. Air quality control region and 

nonattainment area boundaries are described in 40 C.F.R. 81, as revised as of July 1, 

2003. 

As of Register 154, July 2000, the regulations attorney under AS 44.62.125(b)(6) made a 

change in Table 1 at 18 AAC 50.015(c)(2), to correct a typographical error. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.020. BASELINE DATES AND MAXIMUM ALLOWABLE 

INCREASES. 

(a) In an area designated nonattainment in 18 AAC 50.015(b), the provisions of this 

section do not apply to the nonattainment air pollutant. However, this section does apply 

to all other air pollutants listed in Table 2 in this subsection. 

 Table 2. Baseline Dates 

Air Quality Control 

Region 

 Air Pollutant Baseline Date 

Cook Inlet Intrastate Air 

 Quality Control Region 

Nitrogen dioxide February 8, 1988 

Sulfur dioxide October 12, 1979 

PM-10 March 20, 1982 

Northern Alaska Intrastate 

Air Quality Control 

Region 

Nitrogen dioxide February 8, 1988 

Sulfur dioxide June 1, 1979 

PM-10 November 13, 1978 

South Central Alaska 

Intrastate Air Quality 

Control Region 

Nitrogen dioxide February 8, 1988 

Sulfur dioxide October 26, 1979 

PM-10 October 26, 1979 

Southeast Alaska Intra- Nitrogen dioxide February 8, 1988 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 5 

Sulfur dioxide November 10, 1986 

PM-10 The earliest date upon which the department declares complete an application for a 

facility or modification that includes information required under 18 AAC 50.306 and 

shows an increase in actual PM-10 

emissions equal to or exceeding 15 tons per 

year. 

(b) To establish standards for the prevention of significant deterioration of air quality, 

(1) baseline dates for determining the ambient concentration of certain air pollutants 

are established for each air quality control region listed in Table 2 in (a) of this 

section; 

(2) in areas designated as Class I, II, or III, increases in air pollutant concentration 

over the baseline concentration shall be limited to the concentrations in Table 3 in this 

subsection; 

(3) for any period other than an annual period, the applicable maximum allowable 

increase may be exceeded during one such period per year at any one location; and 

(4) the baseline concentrations and maximum allowable increases shall be measured 

or predicted by a method described in 18 AAC 50.215. 

 Table 3. Maximum Allowable Increases 

Classification of area 

in 18 AAC 50.015(c) 

Table 1 Air Pollutant 

Maximum allowable 

increase (micrograms 

per cubic meter) 

CLASS I 

PM-10: 

Annual arithmetic mean ........................... 

24-hour maximum .................................... 

 .................. 4 

 .................. 8 

Sulfur dioxide: 

Annual arithmetic mean ........................... 

24-hour maximum .................................... 

3-hour maximum ...................................... 

 .................. 2 

 .................. 5 

 ................. 25 

Nitrogen Dioxide: 

Annual arithmetic mean ........................... .................2.5 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 6 

CLASS II 

PM-10: 

Annual arithmetic mean ........................... 

24-hour maximum .................................... 

 ................. 17 

 ................. 30 

Sulfur dioxide: 

Annual arithmetic mean ........................... 

24-hour maximum .................................... 

3-hour maximum ...................................... 

 ................. 20 

 ................. 91 

 ................ 512 

Nitrogen Dioxide: 

Annual arithmetic mean ........................... ................. 25 

CLASS III 

PM-10: 

Annual arithmetic mean ........................... 

24-hour maximum .................................... 

 ................. 34 

 ................. 60 

Sulfur dioxide: 

Annual arithmetic mean ........................... 

24-hour maximum .................................... 

3-hour maximum ...................................... 

 ................. 40 

 ................ 182 

 ................ 700 

Nitrogen Dioxide: 

Annual arithmetic mean ........................... ................. 50 

(c) Repealed 10/1/2004. 

(d) Repealed 10/1/2004. 

(e) For purposes of this section, the baseline concentration of an air pollutant is 

determined as follows: 

(1) for PM-10 and sulfur dioxide, the baseline concentration is the ambient 

concentration of the air pollutant on the applicable baseline date, plus the contribution 

from allowable emissions of a PSD major stationary source for which construction 

commenced before January 6, 1975, but that was not in operation by the baseline 

date; however, the baseline concentration does not include actual emissions from a 

PSD major stationary source or a PSD major modification for which construction 

commenced on or after January 6, 1975; and 

(2) for nitrogen dioxide, the baseline concentration is the ambient concentration of 

the air pollutant on the applicable baseline date, plus the contribution from allowable 

emissions of a PSD major stationary source for which construction commenced 

before February 8, 1988, but that was not in operation by the baseline date. 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 7 

(f) In this section, “commence” has the meaning given in 40 C.F.R. 52.21(b), adopted by 

reference in 18 AAC 50.040. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.025. VISIBILITY AND OTHER SPECIAL PROTECTION AREAS. 

(a) Visibility special protection areas are established to prevent impairment of visibility. 

The following areas are designated visibility special protection areas: 

(1) Mt. Deborah and the Alaska Range East, as viewed from approximately the 

Savage River Campground area; 

(2) Mt. McKinley, Alaska Range, and the Interior Lowlands, as viewed from the 

vicinity of Wonder Lake; and 

(3) geographic areas classified as Class I areas under 18 AAC 50.015(c). 

(b) A wood smoke control area is a geographic location where a wood-burning activity 

has resulted in two or more discontinuous 24-hour periods when the ambient exposures 

of PM-10 solely from this activity have reached or exceeded 150 micrograms per cubic 

meter of air. The Mendenhall Valley area of Juneau is designated a wood smoke control 

area. 

(c) Special protection areas for sulfur dioxide are established to prevent the violation of 

the ambient air quality standard and maximum allowable ambient concentration for sulfur 

dioxide. The following areas are designated as special protection areas for sulfur dioxide: 

(1) in the Unalaska area, the land and water areas within a 3.4-mile radius of the 

intersection of 53° 53' 4" N latitude and 166° 32' 11" W longitude; and 

(2) in the St. Paul Island area, the land and water areas south of UTM Northing 

6333.00 kilometers (57° 8' 29" N latitude) and within 0.6 kilometers of St. Paul 

Island. 

Editor's note: Complete descriptions of the special protection areas designated in this 

section, including maps, are provided in the state air quality control plan adopted by 

reference in 18 AAC 50.030. 

State effective: 6/21/98; EPA effective: 9/13/07 

18 AAC 50.035. DOCUMENTS, PROCEDURES, AND METHODS ADOPTED BY 

REFERENCE. 

(a) The following documents are adopted by reference: 

(1) the department's In Situ Burning Guidelines for Alaska, revised March 22, 2001; 

(2) Workbook for Plume Visual Impact Screening and Analysis (revised), EPA 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 8 

454/R-92-023, October 1992; 

(3) the United States Environmental Protection Agency's (EPA) publication AP-42, 

Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area 

Sources, Fifth Edition with Supplements A – E, as amended through September 1999; 

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications, 

EPA -454/R-99-005, February 2000; 

(5) Ambient Monitoring Guidelines for Prevention of Significant Deterioration 

(PSD), EPA-450/4-87-007, May 1987; and 

(6) the department’s Summary Prepared by the Department of Environmental 

Conservation of Coastal Area Boundaries Approved by the Coastal Policy Council 

(CPC) for Coastal Resource Districts Excluded from the Portable Oil and Gas 

Operation Permit by Rule (18 AAC 50.390), as revised as of November 19, 2002. 

State effective: 12/3/05; EPA effective: 9/13/07 

(b) The following procedures and methods set out in 40 C.F.R., revised as of July 1, 

2010, are adopted by reference: 

(1) 40 C.F.R. Part 50, Appendices A, D, F, H, J, K, and P; 

State effective: 4/1/10; EPA effective: 11/21/12 

(2) 40 C.F.R. Part 51, Appendix M; 

(3) 40 C.F.R. Part 58, Appendix B; 

(4) the following test methods as they apply to 40 C.F.R. 63.11(b)(6): 

(A) ASTM D1946-90(1994)e1, Standard Practice for Analysis of Reformed Gas 

by Gas Chromatography; and

(B) ASTM D 240-92(1997)e2, Standard Test Method for Heat of Combustion of 

Liquid Hydrocarbon Fuels by Bomb Calorimeter. 

(c) This subsection adopts the methods and procedures listed in this subsection for use 

by the department in permits for compliance monitoring. Nothing in this subsection is 

intended to limit the department’s discretion to require in a permit issued under this 

chapter compliance with the requirements of other methods or procedures on a case by 

case basis. The following methods and procedures are adopted by reference: 

(1) ASTM D 129-00, Standard Test Method for Sulfur in Petroleum Products 

(General Bomb Method), approved January 10, 2000; 

(2) ASTM D 1266-98, Standard Test Method for Sulfur Petroleum Products (Lamp 

Method), approved February 10, 1998; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 9 

(3) ASTM D 1552-95, Standard Test Method for Sulfur in Petroleum Products (High 

Temperature Method), approved August 15, 1995; 

(4) ASTM D 2622-98, Standard Test Method for Sulfur in Petroleum Products by 

Wavelength Dispersive X-Ray Fluorescence Spectometry, approved April 10, 1998; 

(5) ASTM D 4294-98, Standard Test Method for Sulfur in Petroleum and Petroleum 

Products by Energy Dispersive X-Ray Fluorescence Spectroscopy, approved April 

10, 1998; 

(6) ASTM D 4045-99, Standard Test Method for Sulfur in Petroleum and Petroleum 

Products by Hydrogenolysis and Rateometric Colorimetry, approved January 10, 

1999; 

(7) ASTM D 2492-90 (Reapproved 1998), Standard Test Method for Forms of Sulfur 

in Coal, approved March 30, 1990; 

(8) ASTM D 3176-89 (Reapproved 1997), Standard Practice for Ultimate Analysis 

of Coal and Coke, approved September 29, 1989; 

(9) ASTM D 4749-87 (Reapproved 1994), Standard Test Method for Performing the 

Sieve Analysis of Coal and Designating Coal Size, approved November 27, 1987; 

(10) ASTM D 1140-97, Standard Test Method for Amount of Material in Soils Finer 

Than the No. 200 Sieve, approved May 10, 1997; 

(11) ASTM D 422-63 (Reapproved 1998), Standard Test Method for Particle-Size 

Analysis of Soils, approved November 21, 1963; 

(12) ASTM D 4629-96, Standard Test Method for Trace Nitrogen in Liquid 

Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and 

Chemiluminescence Detection, approved April 10, 1996; 

(13) ASTM D 5762-98, Standard Test Method for Nitrogen in Petroleum and 

Petroleum Products by Boat-Inlet Chemiluminescence, approved December 10, 1998; 

(14) ASTM D 4913-89( Reapproved 1995), Standard Practice for Determining 

Concentration of Hydrogen Sulfide by Direct Reading, Length of Stain, Visual 

Chemical Detectors, approved February 24, 1989; 

(15) ASTM D 4810-88 (Reapproved 1999), Standard Test Method for Hydrogen 

Sulfide in Natural Gas Using Length-of-Stain Detector Tubes, approved April 29, 

1988; 

(16) ASTM D 6216-98 Standard Practice for Opacity Monitor Manufacturers to 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 10 

Certify Conformance with Design and Performance Specifications, approved 

February 10, 1998; 

(17) ASTM D 4239-00 Standard Test Methods for Sulfur in the Analysis Sample of 

Coal and Coke Using High-Temperature Tube Furnace Combustion Methods, 

approved April 10, 2000. 

Editor's note: The documents, procedures, and methods adopted by reference in 

18 AAC 50.035 may be reviewed at the department's Anchorage, Fairbanks, or Juneau 

office. For information on how to obtain a copy of the EPA publication AP-42 referred 

to in this section, contact EPA's InfoCHIEF information line at (919) 541-5285. 

For information on how to obtain a copy of the ASTM documents referred to in 

18 AAC 50.035, contact the American Society for Testing and Materials (ASTM), 

Publications Department, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania, 

19428-2959, phone (610) 832-9585; fax (610) 832-9555. 

State effective: 12/3/05; EPA effective: 9/13/07 

18 AAC 50.040. FEDERAL STANDARDS ADOPTED BY REFERENCE. 

(a) The following provisions of 40 C.F.R. Part 60 (Standards of Performance for New 

Stationary Sources), as revised as of July 8, 2004, are adopted by reference as they apply 

to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 60.9 (Availability of 

Information);

(2) the following subparts:

(A) Subpart D (Standards of Performance for Fossil-Fuel-Fired Steam Generators 

for Which Construction is Commenced After August 17, 1971);

(B) Subpart Da (Standards of Performance for Electric Utility Steam Generating 

Units for Which Construction is Commenced After September 18, 1978);

(C) Subpart Db (Standards of Performance for Industrial – Commercial -

Institutional Steam Generating Units);

(D) Subpart Dc (Standards of Performance for Small Industrial – Commercial -

Institutional Steam Generating Units);

(E) Subpart E (Standards of Performance for Incinerators);

(F) Subparts Ea and Eb (Standards of Performance for Municipal Waste 

Combustors);

(G) Subpart Ec (Standards of Performance for Hospital, Medical, and Infectious 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 11 

Waste Incinerators;

(H) Subpart F (Standards of Performance for Portland Cement Plants);

(I) Subpart I (Standards of Performance for Hot Mix Asphalt Facilities);

(J) Subpart J (Standards of Performance for Petroleum Refineries);

(K) Subpart K (Standards of Performance for Storage Vessels for Petroleum 

Liquids for Which Construction, Reconstruction, or Modification Commenced 

After June 11, 1973, and Prior to May 19, 1978);

(L) Subpart Ka (Standards of Performance for Storage Vessels for Petroleum 

Liquids for Which Construction, Reconstruction, or Modification Commenced 

After May 18, 1978, and Prior to July 23, 1984);

(M) Subpart Kb (Standards of Performance for Volatile Organic Liquid Storage 

Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, 

Reconstruction, or Modification Commenced After July 23, 1984);

(N) Subpart L (Standards of Performance for Secondary Lead Smelters);

(O) Subpart N (Standards of Performance for Primary Emissions from Basic 

Oxygen Process Furnaces for Which Construction is Commenced After June 11, 

1973);

(P) Subpart Na (Standards of Performance for Secondary Emissions from Basic 

Oxygen Process Steelmaking Facilities for Which Construction is Commenced 

After January 20, 1983);

(Q) Subpart O (Standards of Performance for Sewage Treatment Plants);

(R) Subpart Q (Standards of Performance for Primary Zinc Smelters);

(S) Subpart R (Standards of Performance for Primary Lead Smelters);

(T) Subpart Y (Standards of Performance for Coal Preparation Plants);

(U) Subpart DD (Standards of Performance for Grain Elevators);

(V) Subpart GG (Standards of Performance for Stationary Gas Turbines);

(W) Subpart HH (Standards of Performance for Lime Manufacturing Plants);

(X) Subpart LL (Standards of Performance for Metallic Mineral Processing 

Plants);
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 12 

(Y) Subpart UU (Standards of Performance for Asphalt Processing and Asphalt 

Roofing Manufacture);

(Z) Subpart VV (Standards of Performance for Equipment Leaks of VOC in the 

Synthetic Organic Chemicals Manufacturing Industry);

(AA) Subpart XX (Standards of Performance for Bulk Gasoline Terminals);

(BB) Subpart GGG (Standards of Performance for Equipment Leaks of VOC in 

Petroleum Refineries);

(CC) Subpart JJJ (Standards of Performance for Petroleum Dry Cleaners);

(DD) Subpart KKK (Standards of Performance for Equipment Leaks of VOC 

from Onshore Natural Gas Processing Plants);

(EE) Subpart LLL (Standards of Performance for Onshore Natural Gas 

Processing: SO2 Emissions);

(FF) Subpart OOO (Standards of Performance for Nonmetallic Mineral 

Processing Plants);

(GG) Subpart QQQ (Standards of Performance for VOC Emissions From 

Petroleum Refinery Wastewater Systems); 

(HH) Subpart UUU (Standards of Performance for Calciners and Dryers in 

Mineral Industries); 

(II) Subpart WWW (Standards of Performance for Municipal Solid Waste 

Landfills); 

(JJ) Subpart CCCC (Standards of Performance for Commercial and Industrial 

Solid Waste Incineration Units for Which Construction Is Commenced After 

November 30, 1999 or for Which Modification or Reconstruction Is Commenced 

on or After June 1, 2001);

(KK) the provisions of Subpart AAA (Standards of Performance for New 

Residential Wood Heaters), except that the operator of a wood stove may 

demonstrate compliance with 40 C.F.R. 60.532 by operating the wood stove in 

accordance with the permanent label required by 40 C.F.R. 60.536;

(3) the provisions of Appendices A - F.

(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for 

Hazardous Air Pollutants), as revised as of July 1, 2004, are adopted by reference as they 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 13 

apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 61.16 (Availability of 

Information);

(2) the following subparts:

(A) Subpart E (National Emission Standard for Mercury);

(B) Subpart J (National Emission Standard for Equipment Leaks (Fugitive 

Emission Sources) of Benzene);

(C) Subpart V (National Emission Standard for Equipment Leaks (Fugitive 

Emission Sources));

(D) Subpart Y (National Emission Standard for Benzene Emissions from 

Benzene Storage Vessels); and

(E) Subpart FF (National Emission Standard for Benzene Waste Operations); 

(F) the Standard for Demolition and Renovation under 40 C.F.R. 61.145 and, as 

they apply to activities subject to 40 C.F.R. 61.145, 40 C.F.R. 61.141, 40 C.F.R. 

61.149(d)(1), 40 C.F.R. 61.150, 40 C.F.R. 61.152, and Appendix A to Subpart M 

(Interpretive Rule Governing Roof Removal Operations);

(3) 40 C.F.R. 61.154; 

(4) Appendices A, B, and C.

(c) The following provisions of 40 C.F.R. Part 63 (National Emission Standards for 

Hazardous Air Pollutants for Source Categories), as revised as of November 12, 2004, are 

adopted by reference as they apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 63.5(e)(2) – (f)

(2) Subpart B (Requirements for Control Technology Determinations for Major 

Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j)), 

except that 

(A) 40 C.F.R. 63.50 and 40 C.F.R. 63.54 are not adopted; and

(B) the requirements of 40 C.F.R. 63.51 - 40 C.F.R. 63.53, 40 C.F.R. 63.55, and 

40 C.F.R. 63.56 apply to the owner or operator of a hazardous air pollutant major 

source that includes one or more sources from a category or subcategory established under 42 U.S.C. 7412(c)(1) (Clean Air Act, sec. 112(c)(1)) for which the 

EPA administrator has failed to promulgate an emission standard within 18 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 14 

months after the deadline established for doing so in 42 U.S.C. 7412(e) (Clean Air 

Act, sec. 112(e));

(3) Subpart D (Regulations Governing Compliance Extensions for Early Reductions 

of Hazardous Air Pollutants);

(4) Subpart M (National Perchloroethlyene Air Emission Standards for Dry Cleaning 

Facilities);

(5) Subpart N (Chromium Electroplating and Anodizing);

(6) Subpart Q (Industrial Process Cooling Towers);

(7) Subpart R (Gasoline Distribution Facilities: Bulk Gasoline Terminals and 

Pipeline Breakout Stations);

(8) Subpart T (Halogenated Solvent Cleaning);

(9) Subpart Y (Marine Tank Vessel Loading Operations);

(10) Subpart CC (Petroleum Refineries);

(11) Subpart DD (Off-Site Waste and Recovery Operations);

(12) Subpart GG (Aerospace Manufacturing and Rework Facilities);

(13) Subpart HH (Oil and Natural Gas Production Facilities;

(14) Subpart II (Shipbuilding and Ship Repair);

(15) Subpart JJ (Wood Furniture Manufacturing); 

(16) Subpart KK (Printing and Publishing Industry);

(17) Subpart HHH (Natural Gas Transmission and Storage Facilities);

(18) Subpart LLL (Portland Cement Plants); 

(19) Subpart UUU (Petroleum Refineries: Catalytic Cracking Units, Catalytic 

Reforming Units, and Sulfur Recovery Units)

(20) Subpart AAAA (Municipal Solid Waste Landfills);

(21) Subpart EEEE (Organic Liquids Distribution (Non-Gasoline));

(22) Subpart YYYY (Stationary Combustion Turbines);
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 15 

(23) Subpart ZZZZ (Stationary Reciprocating Internal Combustion Engines);

(24) Subpart DDDDD (Industrial, Commercial, and Institutional Boilers and Process 

Heaters);

(25) Subpart GGGGG (Site Remediation);

(26) Subpart PPPPP (Engine Test Cells, Stands);

(27) Appendix A (Test Methods);

(28) Appendix B (Sources Defined for Early Reduction Provisions).

(d) The provisions of 40 C.F.R. Part 82, revised as of July 1, 2004, are adopted by 

reference to the extent that they apply to a Title V source. 

(e) The requirements of 40 C.F.R. 52.70 - 40 C.F.R. 52.96, as revised as of July 1, 2004, 

as they apply to a Title V source and for purposes of a Title V permit, are adopted by 

reference. 

(f) The provisions of 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models 

(Revised)), revised as of July 1, 2004, are adopted by reference. 

(g) The following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State 

Plans for Designated Facilities and Pollutants), revised as of July 1, 2004, are adopted by 

reference:

(1) Subpart FFF (Federal Plan Requirements for Large Municipal Waste Combustors 

Constructed on or Before September 20, 1994);

(2) Subpart GGG (Federal Plan Requirements for Municipal Solid Waste Landfills 

That Commenced Construction Prior to May 30, 1991, and Have Not Been Modified 

or Reconstructed Since May 30, 1991);

(3) Subpart HHH (Federal Plan Requirements for Hospital/Medical/Infectious Waste 

Incinerators Constructed on or Before June 20, 1996);

(4) Subpart III (Federal Plan Requirements for Commercial and Industrial Solid 

Waste Incineration Units that Commenced Construction on or Before November 30, 

1999);

(5) Subpart JJJ (Federal Plan Requirements for Small Municipal Waste Combustion 

Units Constructed on or Before August 30, 1999).

State effective: 12/3/05; EPA effective: 9/13/07 

(h) The following provisions of 40 C.F.R. 51.166 (Prevention of Significant 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 16 

Deterioration of Air Quality) and 40 C.F.R. Part 52 (Approval and Promulgation of 

Implementation Plans, as revised as of July 1, 2011, are adopted by reference: 

State effective: 12/9/10; EPA effective: 11/21/12 

 (1) 40 C.F.R. 51.166(f) (Exclusions from Increment Consumption); 

(2) 40 C.F.R. 51.166(q)(2) (Public Participation); 

(3) 40 C.F.R. 52.21(a)(2) (Applicability Procedures); 

State effective: 12/3/05; EPA effective: 9/13/07 

(4) 40 C.F.R. 52.21(b) (Definitions), except as follows: 

State effective: 12/9/10; EPA effective: 11/21/12 

(A) the following provisions are not adopted, and the terms defined in those 

provisions have the meanings given in AS 46.14.990 and 18 AAC 50.990: 

(i) 40 C.F.R. 52.21(b)(1) (“major stationary source”); 

(ii) 40 C.F.R. 52.21(b)(2) (“major modification”); 

(B) the following provisions are not adopted, and the terms defined in those 

provisions have the meanings give in AS 46.14.990: 

(i) 40 C.F.R. 52.21(b)(4) (“potential to emit”); 

(ii) 40 C.F.R. 52.21(b)(5) (“stationary source”); 

(iii) 40 C.F.R. 52.21(b)(6) (“building, structure, facility, or installation”); 

(iv) 40 C.F.R. 52.21(b)(7) (“emissions unit”); 

(v) 40 C.F.R. 52.21(b)(8) (“construction”); 

(vi) 40 C.F.R. 52.21(b)(20) (“fugitive emissions”); 

(C) the following provisions are not adopted, and the terms defined in those 

provisions have the meanings given in 18 AAC 50.990; 

(i) 40 C.F.R. 52.21(b)(50) (“regulated NSR pollutant”); 

(ii) 40 C.F.R. 52.21(b)(51) (“reviewing authority”); 

(5) 40 C.F.R. 52.21(d) (Ambient Air Ceilings); 

(6) 40 C.F.R. 52.21(h) (Stack Heights); 

(7) 40 C.F.R. 52.21(i) (Exemptions); 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 17 

(8) 40 C.F.R. 52.21(j) (Control Technology Review); 

(9) 40 C.F.R. 52.21(k) (Source Impact Analysis); 

(10) 40 C.F.R. 52.21(l) (Air Quality Models); 

(11) 40 C.F.R. 52.21(m) (Air Quality Analysis); 

(12) 40 C.F.R. 52.21(n) (Source Information); 

(13) 40 C.F.R. 52.21(o) (Additional Impact Analyses); 

(14) 40 C.F.R. 52.21(p) (Sources Impacting Federal Class I Areas); 

(15) 40 C.F.R. 52.21(r) (Source Obligation); 

(16) 40 C.F.R. 52.21(v) (Innovative Control Technology); 

(17) 40 C.F.R. 52.21(x) (Clean Unit Test for Emissions Units That Are Subject to 

BACT or LAER);

(18) 40 C.F.R. 52.21(y) (Clean Unit Provisions for Emissions Units That Achieve an 

Emission Limitation Comparable to BACT);

(19) 40 C.F.R. 52.21(z) (PCP Exclusion Procedural Requirements);

(20) 40 C.F.R. 52.21(aa) (Actuals PALs). 

(i) From the following provisions of 40 C.F.R. 51.165 (Permit Requirements), as revised 

as of July 1, 2004, text setting out provisions that a state implementation plan shall or 

may contain is adopted by reference as follows: 

(1) 40 C.F.R. 51.165(a)(1) (Definitions), except as follows: 

(A) the following provisions are not adopted, and the terms defined in those 

provisions have the meanings given in AS 46.14.990: 

(i) 40 C.F.R. 51.165(a)(1)(i) (“stationary source”); 

(ii) 40 C.F.R. 51.165(a)(1)(ii) (“building, structure, facility, or installation”); 

(iii) 40 C.F.R. 51.165(a)(1)(iii) (“potential to emit”); 

(iv) 40 C.F.R. 51.165(a)(1)(vii) (“emissions unit”); 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 18 

(v) 40 C.F.R. 51.165(a)(1)(ix) (“fugitive emissions”); 

(vi) 40 C.F.R. 51.165(a)(1)(xviii) (“construction”); 

(B) the following provisions are not adopted, and the terms defined in those 

provisions have the meaning given in 18 AAC 50.990: 

(i) 40 C.F.R. 51.165(a)(1)(xxxvii) (“regulated NSR pollutant”); 

(ii) 40 C.F.R. 51.165(a)(1)(xxxviii) (“reviewing authority”); 

(2) 40 C.F.R. 51.165(a)(2)(ii) (Major Modifications); 

(3) 40 C.F.R. 51.165(a)(3) (Offset Credits); 

(4) 40 C.F.R. 51.165(a)(4) (Fugitive Emissions); 

(5) 40 C.F.R. 51.165(a)(5) (Source Obligations); 

(6) 40 C.F.R. 51.165(a)(6) (Projected Actual Emissions); 

(7) 40 C.F.R. 51.165(c) (Clean Unit Test for Emissions Units That Are Subject to 

LAER);

(8) 40 C.F.R. 51.165(d) (Clean Unit Provisions for Emissions Units That Achieve an 

Emission Limitation Comparable to LAER);

(9) 40 C.F.R. 51.165(e) (PCP Exclusion Procedural Requirements);

(10) 40 C.F.R. 51.165(f) (Actuals PALs). 

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), as revised as of 

July 1, 2004, are adopted by reference, except as provided in 18 AAC 50.326:

(1) 40 C.F.R. 71.2 (Definitions);

(2) 40 C.F.R. 71.3 (Sources Subject to Permitting Requirements);

(3) 40 C.F.R. 71.5(a) - (c) (Permit Applications);

(4) 40 C.F.R. 71.6(a) - (f) (Permit Content);

(5) 40 C.F.R. 71.7(a) - (e) (Permit Issuance, Renewal, Reopenings, and Revisions);

(6) 40 C.F.R. 71.8 (Affected State Review);
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 19 

(7) 40 C.F.R. 71.10(d) (Delegation);

(8) 40 C.F.R. 71.11(a) - (h) and (j) - (k) (Administrative Record, Public Participation, 

and Administrative Review). 

Editor's note: The federal standards adopted by reference in 18 AAC 50.040 may be 

reviewed at the department's Anchorage, Fairbanks, or Juneau office. 

The owner or operator of an affected facility subject to a federal emission standard that is 

not at a stationary source subject to a Title V permit should contact the United States 

Environmental Protection Agency. 

State effective: 12/3/05; EPA effective: 9/13/07 

18 AAC 50.045. PROHIBITIONS. 

(a) A person may not dilute emissions with air to comply with this chapter, except that 

dilution air may be used at a sulfur recovery plant with a maximum production rate of 20 

long tons per day or less to comply with the 500 ppm sulfur dioxide requirement of 18 

AAC 50.055(c). 

(b) A person who owns or operates a stationary source that emits an air pollutant subject 

to this chapter shall ensure that the stationary source complies with this chapter and any 

other applicable local, state, or federal law. 

(c) A person may not construct, operate, or modify a stationary source that will result in 

a violation of the applicable emission standards or that will interfere with the attainment 

or maintenance of ambient air quality standards. 

(d) A person who causes or permits bulk materials to be handled, transported, or stored, 

or who engages in an industrial activity or construction project shall take reasonable 

precautions to prevent particulate matter from being emitted into the ambient air. 

(e) Dispersion techniques may not be used to comply with this chapter, except for 

compliance with 18 AAC 50.110. 

(f) Subject to (g) of this section, as used in this section, "dispersion technique" means a 

technique that attempts to reduce the concentration of an air pollutant in the ambient air 

by 

(1) using that portion of a stack that exceeds good engineering practice stack height; 

(2) varying the emissions rate of an air pollutant according to atmospheric conditions 

or ambient concentrations of that air pollutant; or 

(3) increasing exhaust gas plume rise by 

(A) manipulating a source process parameter, exhaust gas parameter, or stack 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 20 

parameter; 

(B) combining exhaust gases from several existing stacks into one stack; or 

(C) other selective handling of exhaust gas streams. 

(g) The following are not dispersion techniques for purposes of this section: 

(1) reheating a gas stream to its original discharge temperature after use of an 

emission control system; 

(2) combining the exhaust gases from several stacks into one stack if the stationary 

source was originally designed and constructed with combined exhaust streams; 

(3) combining the exhaust gases from several stacks into one stack, if done when an 

emission control system is installed and results in a net reduction in the allowable 

emissions of the controlled air pollutant; or 

(4) any technique that increases the exhaust gas plume rise if the allowable emissions 

of sulfur dioxide from the stationary source are less than 5,000 tons per year. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.050. INCINERATOR EMISSION STANDARDS. 

(a) Visibility through the exhaust effluent of an incinerator, including an air curtain 

incinerator, may not be reduced by visible emissions, excluding condensed water vapor, 

by more than 20 percent averaged over any six consecutive minutes. 

(b) Particulate matter emissions from an incinerator may not exceed the particulate 

matter standard listed for that incinerator in Table 4 in this subsection. 

 Table 4. Particulate Matter Standards for Incinerators 

Incinerator Particulate Matter Standard 

Rated capacity less than 1000 pounds per hour No limit 

Rated capacity greater than or equal to 1000 but 

less than 2000 pounds per hour 

0.15 grains per cubic foot of exhaust gas 

corrected to 12 percent CO2 and standard conditions, averaged over three 

hours 

Rated capacity greater than or equal to 2000 

pounds per hour 

0.08 grains per cubic foot of exhaust gas 

corrected to 12 percent CO2 and standard conditions, averaged over three 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 21 

hours 

An incinerator that burns waste containing more 

than 10 percent wastewater treatment plant sludge 

by dry weight from a municipal wastewater treatment plant that serves 10,000 or more persons 

0.65 grams per kilogram of dry sludge 

input 

State effective: 5/3/02; EPA effective: 9/13/07 

18 AAC 50.055. INDUSTRIAL PROCESSES AND FUEL-BURNING 

EQUIPMENT. 

(a) Visible emissions, excluding condensed water vapor, from an industrial process or 

fuel-burning equipment may not reduce visibility through the exhaust effluent by 

(1) more than 20 percent averaged over any six consecutive minutes, except as 

provided in (2) - (9) of this subsection; 

(2) more than 30 percent averaged over any six consecutive minutes for fuel-burning 

equipment in operation before November 1, 1982, and using more than 20 percent 

woodwaste as fuel; 

(3) more than 55 percent for a urea prilling tower in operation before July 1, 1972, 

averaged over any six consecutive minutes, nor more than 40 percent, based on a 

daily 24-hour average of five-second measurements by continuous opacity monitoring instrumentation approved by the department and that conforms to Performance 

Specification Number 1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 

AAC 50.040; 

(4) 20 percent or greater averaged over any six consecutive minutes for an asphalt 

plant constructed or modified after June 11, 1973; 

(5) 20 percent or greater averaged over any six consecutive minutes for process 

emissions, other than from a pneumatic cleaner, at a coal preparation plant 

constructed or modified after November 1, 1982; 

(6) 10 percent or greater averaged over any six consecutive minutes for a pneumatic 

cleaner constructed or modified at a coal preparation plant after November 1, 1982; 

(7) 10 percent or greater averaged over any six consecutive minutes for process 

emissions, other than from a kiln, at a portland cement plant constructed or modified 

after November 1, 1982; 

(8) 20 percent or greater averaged over any six consecutive minutes for a kiln 

constructed or modified at a portland cement plant after November 1, 1982; and 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 22 

(9) more than 20 percent for more than three minutes in any one hour, except for an 

additional three minutes in any one hour for a coal burning boiler that began 

operation before August 17, 1971, if 

(A) the visible emissions are caused by startup, shutdown, soot-blowing, grate 

cleaning, or other routine maintenance activities specified in an operating permit 

issued under this chapter; 

(B) the owner or operator of the boiler monitors visible emissions by continuous 

opacity monitoring instrumentation that 

(i) conforms to Performance Specification 1 in 40 C.F.R. Part 60, Appendix 

B, adopted by reference in 18 AAC 50.040; and 

(ii) completes one cycle of sampling and analyzing for each successive 15-

second period; 

(C) the owner or operator of the boiler provides the department with a 

demonstration that the particulate matter emissions from the boiler allowed by 

this opacity limit will not cause or contribute to a violation of the ambient air 

quality standards for PM-10 in 18 AAC 50.010, or to cause the maximum 

allowable increases for PM-10 in 18 AAC 50.020 to be exceeded; and 

(D) the federal administrator approves a facility-specific revision to the state 

implementation plan, required under 42 U.S.C. 7410, authorizing the application 

of this opacity limit instead of the opacity limit otherwise applicable under this 

section. 

(b) Particulate matter emitted from an industrial process or fuel-burning equipment may 

not exceed, per cubic foot of exhaust gas corrected to standard conditions and averaged 

over three hours, 

(1) 0.05 grains, except as provided in (2) - (6) of this subsection, (d) - (f) of this 

section, and 18 AAC 50.060; 

(2) 0.1 grains for a steam generating plant fueled by 

(A) coal, and in operation before July 1, 1972; 

(B) coal, and rated less than 250 million Btu per hour heat input; or 

(C) municipal wastes; 

(3) 0.1 grains for an industrial process in operation before July 1, 1972, except as 

provided in (6) of this subsection; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 23 

(4) 0.15 grains for fuel-burning equipment in operation before November 1, 1982, 

and using more than 20 percent woodwaste as fuel; 

(5) 0.04 grains for an asphalt plant constructed or modified after June 11, 1973; or 

(6) 0.04 grains for a urea prilling tower. 

(c) Sulfur-compound emissions, expressed as sulfur dioxide, from an industrial process 

or from fuel-burning equipment may not exceed 500 ppm averaged over a period of three 

hours, except as provided in (d) - (f) of this section and 18 AAC 50.060. 

(d) At a petroleum refinery, emissions from the following sources, constructed or 

modified after November 1, 1982, may not exceed the following: 

(1) for a catalytic cracking unit catalyst regenerator 

(A) 1.0 kilogram of particulate matter per 1,000 kilograms of coke burnoff; 

(B) 43.0 additional grams of particulate matter per million joules supplemental 

heat attributable to fuels burned in a catalyst regenerator waste heat boiler; and 

(C) 500 ppm carbon monoxide by volume of exhaust gas; 

(2) for a sulfur recovery plant rated at more than 20 long tons per day 

(A) 250 ppm sulfur dioxide at zero percent oxygen on a dry basis; or 

(B) 10 ppm hydrogen sulfide and a total of 300 ppm reduced sulfur compounds, 

expressed as sulfur dioxide, at zero percent oxygen on a dry basis, if the air 

pollutants are not oxidized before release to the atmosphere; and

(3) for fuel-burning equipment, a sulfur dioxide concentration, averaged over three 

hours, equal to whichever of the following is applicable: 

(A) for equipment burning only fuel gas, the concentration of uncontrolled 

emissions that would result from burning fuel gas containing 230 milligrams 

hydrogen sulfide per dry standard cubic meter; 

(B) for fuel-burning equipment that does not burn fuel gas, 500 ppm; 

(C) for fuel-burning equipment that burns a combination of fuel gas and other 

fuels, a concentration based on the allowable emissions in (A) and (B) of this 

paragraph, prorated by the proportion of fuel gas and other fuels to the total fuel 

burned in the equipment. 

(e) At a coal preparation plant, emissions from the following sources, if constructed or 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 24 

modified after November 1, 1982, may not exceed the following: 

(1) for a thermal drying unit, 70 milligrams of particulate matter per cubic meter of 

exhaust gas at standard conditions; and 

(2) for a pneumatic coal-cleaning unit, 40 milligrams of particulate matter per cubic 

meter of exhaust gas at standard conditions. 

(f) At a portland cement plant, emissions from the following sources, if constructed or 

modified after November 1, 1982, may not exceed the following: 

(1) for a clinker cooler, 0.050 kilograms of particulate matter per 1,000 kilograms of 

feed on a dry basis to the kiln; and 

(2) for a kiln, 0.15 kilograms of particulate matter per 1,000 kilograms of feed on a 

dry basis. 

(g) Release of materials other than process emissions, products of combustion, or 

materials introduced to control pollutant emissions from a stack at a stationary source 

constructed or modified after November 1, 1982, is prohibited, except as authorized by a 

construction permit, Title V permit, or air quality control permit issued before October 1, 

2004. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.060. PULP MILLS. 

Average emissions per ton of air dried pulp produced from a sulfite pulp mill may not 

exceed, in any 24-hour period, 

(1) 20 pounds of sulfur oxides (expressed as sulfur dioxide) from blow pits, washer 

vents, storage tanks, digester relief systems, and recovery systems; and 

(2) two pounds of particulate matter from blow pits, washer vents, storage tanks, 

digester relief systems, and recovery systems. 

State effective: 1/18/97; EPA effective: 1/19/99 

18 AAC 50.065. OPEN BURNING. 

(a) General Requirements. Except when conducting open burning under (g), (h), or (i) 

of this section, a person conducting open burning shall comply with the limitations of (b) 

- (f) of this section and shall ensure that 

(1) the material is kept as dry as possible through the use of a cover or dry storage; 

(2) before igniting the burn, noncombustibles are separated to the greatest extent 

practicable; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 25 

(3) natural or artificially induced draft is present; 

(4) to the greatest extent practicable, combustibles are separated from grass or peat 

layer; and 

(5) combustibles are not allowed to smolder. 

(b) Black Smoke Prohibited. Except for firefighter training conducted under (h) or (i) 

of this section, open burning of asphalts, rubber products, plastics, tars, oils, oily wastes, 

contaminated oil cleanup materials, or other materials in a way that gives off black smoke 

is prohibited without written department approval. Department approval of open burning 

as an oil spill response countermeasure is subject to the department's In Situ Burning 

Guidelines for Alaska, adopted by reference in 18 AAC 50.035. Open burning approved 

under this subsection is subject to the following limitations: 

(1) open burning of liquid hydrocabons produced during oil or gas well flow tests 

may occur only when there are no practical means available to recycle, reuse, or 

dispose of the fluids in a more environmentally acceptable manner; 

(2) the person who conducts open burning shall establish reasonable procedures to 

minimize adverse environmental effects and limit the amount of smoke generated; 

and 

(3) the department will, in its discretion, as a condition of approval issued under this 

subsection, require public notice as described in (j) of this section. 

(c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or 

incineration of pesticides, halogenated organic compounds, cyanic compounds, or 

polyurethane products in a way that gives off toxic or acidic gases or particulate matter is 

prohibited. 

(d) Adverse Effects Prohibited. Open burning of putrescible garbage, animal 

carcasses, or petroleum-based materials, including materials contaminated with 

petroleum or petroleum derivatives, is prohibited if it causes odor or black smoke that has 

an adverse effect on nearby persons or property. 

(e) Air Quality Advisory. Open burning is prohibited in an area if the department 

declares an air quality advisory under 18 AAC 50.245, stating that burning is not 

permitted in that area for that day. This advisory will be based on a determination that 

there is or is likely to be inadequate air ventilation to maintain the standards set by 

18 AAC 50.010. The department will make reasonable efforts to ensure that the advisory 

is broadcast on local radio or television. 

(f) Wood Smoke Control Areas. Open burning is prohibited between November 1 and 

March 31 in a wood smoke control area identified in 18 AAC 50.025(b). 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 26 

(g) Controlled Burning. Controlled burning to manage forest land, vegetative cover, 

fisheries, or wildlife habitat, other than burning to combat a natural wildfire, requires 

written department approval if the area to be burned exceeds 40 acres yearly. The 

department will, in its discretion, require public notice as described in (j) of this section. 

(h) Firefighter Training: Structures. A fire service may open burn structures for 

firefighter training without ensuring maximum combustion efficiency under the 

following circumstances: 

(1) before igniting the structure, the fire service shall 

(A) obtain department approval for the location of the proposed firefighter 

training; approval will be based on whether the proposed open burning is likely to 

adversely affect public health in the neighborhood of the structure; 

(B) visually identify materials in the structure that might contain asbestos, test 

those materials for asbestos, and remove all materials that contain asbestos; 

(C) ensure that the structure does not contain 

(i) putrescible garbage; 

(ii) electrical batteries; 

(iii) stored chemicals such as fertilizers, pesticides, paints, glues, sealers, tars, 

solvents, household cleaners, or photographic reagents; 

(iv) stored linoleum, plastics, rubber, tires, or insulated wire; 

(v) hazardous waste; 

(vi) lead piping; 

(vii) plastic piping with an outside diameter of four inches or more; or 

(viii) urethane or another plastic foam insulation; 

(D) provide public notice consistent with (j) of this section; and 

(E) ensure that a fire-service representative is on-site before igniting the 

structure; 

(2) the fire service shall ignite and conduct training on only one main structure and 

any number of associated smaller structures at a time; examples of associated smaller 

structures are garages, sheds, and other outbuildings; and 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 27 

(3) the fire service shall respond to complaints in accordance with (k) of this section. 

(i) Firefighter Training: Fuel Burning. Unless a greater quantity is approved by the 

department, a fire service may open burn up to 250 gallons of uncontaminated fuel daily 

and up to 600 gallons yearly for firefighter training without ensuring maximum 

combustion efficiency. To conduct this training without prior written department 

approval, the fire service shall 

(1) provide public notice consistent with (j) of this section before burning more than 

20 gallons of uncontaminated fuel, unless waived in writing by the department; and 

(2) respond to complaints in accordance with (k) of this section. 

(j) Public Notice. A person required to provide public notice of open burning shall issue 

the notice through local news media or by other appropriate means if the area of the open 

burning does not have local news media. The public notice must be issued as directed by 

the department and must 

(1) state the name of the person conducting the burn; 

(2) provide a list of material to be burned; 

(3) provide a telephone number to contact the person conducting the burn before and 

during the burn; 

(4) for a surprise fire drill, state 

(A) the address or location of the training; and 

(B) the beginning and ending dates of the period during which a surprise fire drill 

may be conducted (this period may not exceed 30 days); and 

(5) for open burning other than a surprise fire drill, state the expected time, date, and 

location of the open burning. 

(k) Complaints. A person required to provide public notice of open burning shall 

(1) make a reasonable effort to respond to complaints received about the burn; 

(2) keep, for at least 30 days, a record of all complaints received about the burn, 

including to the extent feasible 

(A) the name, address, and telephone number of each person who complained; 

(B) a short summary of each complaint; and 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 28 

(C) any action the person conducting the open burning took to respond to each 

complaint; and 

(3) upon request, provide the department with a cop of the records kept under (2) of 

this subsection. 

State effective: 1/18/97; EPA effective: 1/19/99 

18 AAC 50.070. MARINE VESSEL VISIBLE EMISSION STANDARDS. 

Within three miles of the Alaska coastline, visible emissions, excluding condensed water 

vapor, may not reduce visibility through the exhaust effluent of a marine vessel by more 

than 20 percent except as follows: 

(1) while at berth or at anchor, visibility may be reduced by up to 100 percent for 

periods aggregating no more than 

(A) three minutes in any one hour; and 

(B) an additional three minutes during initial startup of a vessel; for purposes of 

this subparagraph, "initial startup" includes the period during which a vessel is 

testing equipment in preparation to casting off or weighing anchor; 

(2) during the hour immediately after weighing anchor or casting off, visibility may 

be reduced under one, but not both, of the following options: 

(A) visibility may be reduced by up to 40 percent for that entire hour; or 

(B) visibility may be reduced by up to 100 percent for periods aggregating no 

more than nine minutes during that hour; 

(3) during the hour immediately before the completion of all maneuvers to anchor or 

make fast to the shore, visibility may be reduced under one, but not both, of the 

following options: 

(A) visibility may be reduced by up to 40 percent for that entire hour; or 

(B) visibility may be reduced by up to 100 percent for periods aggregating no 

more than nine minutes during that hour; and 

(4) at any time not covered by (1) - (3) of this section, visibility may be reduced by 

up to 100 percent for periods aggregating no more than three minutes in any one hour. 

State effective: 6/21/98; EPA effective: 9/13/07 

18 AAC 50.075. WOOD-FIRED HEATING DEVICE VISIBLE EMISSION 

STANDARDS. 

(a) A person may not operate a wood-fired heating device in a manner that causes 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 29 

(1) black smoke; or 

(2) visible emissions that exceed 50 percent opacity for more than 15 minutes in any 

one hour in an area for which an air quality advisory is in effect under 18 AAC 

50.245. 

(b) A person may not operate a wood-fired heating device in an area for which the 

department has declared an air quality episode under 18 AAC 50.245.

(c) In the Mendenhall Valley wood smoke control area identified in 18 AAC 50.025(b), 

a person may not violate or cause a violation of a provision of the Code of the City and 

Borough of Juneau, Alaska, Chapter 36.40, as amended by the provisions of the 

Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008-28, sec. 2, 

adopted by reference in 18 AAC 50.030. 

State effective: 5/6/09; EPA effective: 7/8/13

18 AAC 50.080. ICE FOG STANDARDS. 

The department will, in its discretion, require a person who proposes to build or operate 

an industrial process, fuel-burning equipment, or incinerator in an area of potential ice 

fog to obtain a permit and to reduce water emissions. 

State effective: 1/18/97; EPA effective: 9/13/07 

18 AAC 50.100. NONROAD ENGINES. 

The actual and potential emissions of nonroad engines are not included when determining 

the classification of a stationary source or modification under AS 46.14.130. Nothing in 

this section exempts nonroad engines from compliance with other applicable air pollution 

control requirements. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.110. AIR POLLUTION PROHIBITED. 

No person may permit any emission which is injurious to human health or welfare, 

animal or plant life, or property, or which would unreasonably interfere with the 

enjoyment of life or property. 

State effective: 5/26/72; EPA effective: 5/31/72 

18 AAC 50 Article 2. Program Administration 

18 AAC 50.200. INFORMATION REQUESTS. 

If requested by the department to determine compliance with AS 46.03, AS 46.14, and 

this chapter, the owner, operator, or permittee of a stationary source shall maintain 

records of, and report to the department information on, the nature and amount of 

emissions from the stationary source and other information designated by the department. 

State effective: 10/1/04; EPA effective: 9/13/07 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 30 

18 AAC 50.201. AMBIENT AIR QUALITY INVESTIGATION. 

(a) Upon a finding by the department that emissions from an existing stationary source 

have a reasonable likelihood of causing or significantly contributing to ambient 

concentrations of one or more air pollutants that exceed an ambient air quality standard, 

maximum allowable increase, or the limitations of 18 AAC 50.110, the department may 

require the owner, operator, or permittee to evaluate the effect of the stationary source’s 

emissions of those air pollutants on ambient air or on the limitations of 18 AAC 50.110 

that are at issue. An evaluation submitted under 18 AAC 50.306, 18 AAC 50.540, this 

section, or prior equivalent regulations, and deemed complete by the department, must 

satisfy the evaluation requirements of this section, and any prior analysis must accurately 

represent the stationary source’s emissions. 

(b) Based on an evaluation submitted under (a) of this section or other information in the 

department's possession and subject to AS 46.14.010(e), the department may require an 

existing stationary source to reduce emissions or implement another control strategy to 

reduce the ambient impact of those emissions as necessary to ensure that the 

concentration of air pollutants in the ambient air does not exceed the ambient air quality 

standards, maximum allowable increases, or the limitations of 18 AAC 50.110. A 

reduction or control strategy may be imposed as a source-specific permit condition or as a 

regulation. Before imposing a reduction or control strategy, the department will consult 

with the affected owner, operator, or permittee and provide the affected public an 

opportunity for comment and hearing. To the extent practicable, given the costs of 

determining an equitable allocation, any emission reduction or control strategy imposed 

under this section will be equitably allocated among stationary, mobile, and area sources 

and source categories based upon their relative contribution to the ambient impacts of 

concern, the cost of additional controls, and other equitable factors. 

(c) When determining whether to impose a reduction or control strategy under (b) of this 

section, the department will consider the uncertainties of ambient air quality analysis, the 

costs and benefits of resolving the uncertainties, the nature of the ambient impact area, 

and the proximity and magnitude of adjacent impacts. 

(d) The provisions of this section do not apply if the area affected by the emissions of an 

air pollutant is designated nonattainment for that air pollutant under 18 AAC 50.015. 

(e) The provisions of this section do not limit the department’s ability to require or 

conduct ambient air quality analysis or control under the construction permit program 

established under AS 46.14.120 and this chapter. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.205. CERTIFICATION. 

(a) Any permit application, report, affirmation, or compliance certification required by 

the department under a permit program established under AS 46.14 or this chapter must 

include the signature of a responsible official for the permitted stationary source 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 31 

following the statement: "Based on information and belief formed after reasonable 

inquiry, I certify that the statements and information in and attached to this document are 

true, accurate, and complete." 

(b) The department may accept an electronic signature on an electronic application or 

other electronic record required by the department under a permit program established 

under AS 46.14 or this chapter if 

(1) a certifying authority registered under AS 09.25.510 verifies that the electronic 

signature is authentic; and 

(2) the person providing the electronic signature has made an agreement, with the 

certifying authority described in (1) of this subsection, that the person accepts or 

agrees to be bound by an electronic record executed or adopted with that signature. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.215. AMBIENT AIR QUALITY ANALYSIS METHODS. 

(a) A person who submits ambient air monitoring data under AS 46.03, AS 46.14, or this 

chapter shall obtain the data in accordance with 

State effective: 4/1/10; EPA effective: 11/21/12 

(1) the department's Alaska Quality Assurance Manual For Ambient Air Quality 

Monitoring, adopted by reference in 18 AAC 50.030, for PM-10, total suspended 

particulates (TSP), lead, carbon monoxide, nitrogen dioxide, sulfur dioxide, and 

ammonia; 

State effective: 10/1/04; EPA effective: 9/13/07 

(2) a reference method or an equivalent method described in 40 C.F.R Part 50, 

Appendices D and P, adopted by reference in 18 AAC 50.035(b), for ozone; or 

State effective: 4/1/10; EPA effective: 11/21/12 

(3) an alternative method that is representative, accurate, verifiable, capable of 

replication, and approved by the department.

(b) Except as provided in (c) of this section, a person who submits an analysis performed 

to predict ambient air quality conditions shall 

(1) ensure that estimates of ambient concentrations and impairment to visibility are 

based on applicable air quality models, databases, and other requirements specified in 

the EPA's Guideline on Air Quality Models (Revised), adopted by reference in 18 

AAC 50.030; and 

(2) for comparing predicted or measured ambient concentrations of an air pollutant to 

a maximum allowable increase established under 18 AAC 50.020(b)(2), exclude 

(A) concentrations attributable to a temporary construction activity for a new or 

modified source; and 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 32 

(B) the increase in concentrations attributable to new sources outside the United 

States over the concentrations attributable to existing sources included in the 

baseline concentration. 

(c) A person may substitute or modify an air quality model referenced in (b) of this 

section only after 

(1) obtaining approval from the department for a protocol to be used in performing 

the analysis required by (2) of this subsection; 

(2) undertaking and submitting a comparative analysis of the air quality models using 

the approved protocol, which must be fashioned after those outlined in the EPA's 

Workbook for Comparison of Air Quality Models and Interim Procedures for 

Evaluating Air Quality Models (Revised), adopted by reference in 18 AAC 50.030; 

and 

(3) obtaining approval from the federal administrator and the commissioner for the 

substitution or modification if an ambient air quality analysis is required by 18 AAC 

50.306. 

(d) Table 5 establishes the significant impact level, expressed as micrograms per cubic 

meter, for each pollutant and averaging time. If the ambient impacts from emissions 

from a stationary source or modification are less than the concentrations in Table 5, the 

emissions are not considered to cause or contribute to a violation of an ambient air 

quality standard or maximum allowable increase for a Class II area. 

Table 5. Significant Impact Levels (SILs) 

 

Annual 

Averaging time (hours) 

24 8 3 1 

Pollutant 

Sulfur 

dioxide...... 

PM-10......... 

Nitrogen 

dioxide.... 

Carbon 

monoxide... 

 1.0 g/m3

 

1.0 g/m3 

1.0 g/m3 

........... 

5 g/m3 

5 g/m3

........... 

........... 

........... 

........... 

........... 

500 g/m3

25 g/m3 

...........

........... 

........... 

........... 

........... 

........... 

2000 g/m3

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.220. ENFORCEABLE TEST METHODS. 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 33 

(a) The department may require an owner, operator, or permittee to conduct air pollutant 

emission tests to determine compliance with AS 46.14 and this chapter. If an applicable 

emission standard, permit provision, or other requirement specifies a time period within 

which testing must be completed, the owner, operator, or permittee shall conduct the 

testing within the specified period regardless of whether the department explicitly calls 

for testing under this subsection. 

(b) Unless otherwise specified by an applicable requirement or test method, an air 

pollutant emission test must be performed 

(1) at a point or points that characterize the actual discharge into the ambient air; and 

(2) at the maximum rated burning or operating capacity of the emission unit or 

another rate determined by the department to characterize the actual discharge into 

the ambient air. 

(c) Reference test methods to be used by the owner, operator, or permittee for an 

applicable requirement of AS 46.14 or this chapter are as follows: 

(1) except as provided in (2) of this subsection, 

(A) source testing for compliance with requirements adopted by reference in 18 

AAC 50.040(a) must be conducted in accordance with the source test methods 

and procedures specified in 40 C.F.R. Part 60, adopted by reference in 18 AAC 

50.040(a); 

(B) source testing for compliance with requirements adopted by reference in 18 

AAC 50.040(b) must be conducted in accordance with the source test methods 

and procedures specified in 40 C.F.R. Part 61, adopted by reference in 18 AAC 

50.040(b); 

(C) source testing for compliance with requirements adopted by reference in 18 

AAC 50.040(c) must be conducted in accordance with the source test methods 

and procedures specified in 40 C.F.R. Part 63, adopted by reference in 18 AAC 

50.040(c); 

(D) source testing for reduction in visibility through the exhaust effluent must 

follow the procedures set out in Vol. 3, sec. IV-3, Appendix IV-3, "Alaska Air 

Quality Visible Emissions Evaluation Procedures," of the state air quality control 

plan, adopted by reference in 18 AAC 50.030; 

(E) source testing for emissions of total particulate matter, sulfur compounds, 

nitrogen compounds, carbon monoxide, lead, volatile organic compounds, 

fluorides, sulfuric acid mist, municipal waste combustor organics, metals, and 

acid gases must follow the procedures specified in Appendix A to 40 C.F.R. Part 

60, adopted by reference in 18 AAC 50.040; and 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 34 

(F) source testing for emissions of PM-10 must follow the procedures set out in 

Appendix M to 40 C.F.R. Part 51, adopted by reference in 18 AAC 50.035; 

(2) emissions of any air pollutant may be determined using an alternative method 

approved by the department in accordance with Method 301 in Appendix A to 40 

C.F.R. Part 63, adopted by reference in 18 AAC 50.040(c); and

(3) standard exhaust gas volumes must include only the volume of gases formed 

from the theoretical combustion of the fuel, plus the excess air volume normal for the 

specific source type, corrected to standard conditions. 

(d) In deciding whether to require a test under (a) of this section, the department will 

consider 

(1) the compliance status of the emission unit and the margin of compliance with 

each applicable requirement as demonstrated by prior compliance tests or other 

reasonably accurate data or calculations; 

(2) the potential variability of emissions from the stationary source; and 

(3) the date and results of prior compliance tests, if any. 

(e) The owner, operator, or permittee shall submit the results of testing conducted under 

this section as required by Vol. 3., sec. IV-3, Appendix IV-3, of the state air quality 

control plan, adopted by reference in 18 AAC 50.030. 

(f) In source testing for compliance with the particulate matter standards in 18 AAC 

50.050 or 18 AAC 50.055, the three-hour average is determined using the average of 

three one-hour test runs. The source test must account for those emissions caused by soot 

blowing, grate cleaning, or other routine maintenance activities by ensuring that at least 

one test run includes the emissions caused by the routine maintenance activity and is 

conducted under conditions that lead to representative emissions from that activity. The 

emissions must be quantified using the following equation: 

Where: 

E =the total particulate emissions of the source in grains per dry 

standard cubic foot (gr/dscf). 

EM =the particulate emissions in gr/dscf measured during the test 

that included the routine maintenance activity. 

ENM =the arithmetic average of particulate emissions in gr/dscf 

measured by the test runs that did not include routine maintenance 

activity. 





 



 



 





R x A

BS - R(R - S) + E R x AS E= EM (A+ B) x NM
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 35 

A =the period of routine maintenance activity occurring during the 

test tun that included routine maintenance activity, expressed to the 

nearest hundredth of an hour. 

B =the total period of the test run, less A. 

R =the maximum period of source operation per 24 hours, 

expressed to the nearest hundredth of an hour. 

S =the maximum period of routine maintenance activity per 24 

hours, expressed to the nearest hundredth of an hour. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.225. OWNER-REQUESTED LIMITS. 

(a) The owner or operator of an existing or proposed stationary source may request an 

enforceable limit on the ability to emit air pollutants. A limitation approved under this 

section is an enforceable limitation for the purpose of determining 

(1) stationary source-specific allowable emissions; and 

(2) a stationary source’s potential to emit. 

(b) To request approval under this section of limits on the ability to emit, the owner or 

operator shall submit to the department 

(1) a completed stationary source identification form; 

(2) a list of all emission units at the stationary source; 

(3) a calculation of the stationary source’s actual emissions and potential to emit air 

pollutants; 

(4) a description of the proposed limit, including for each air pollutant a calculation 

of the effect the limit will have on the stationary source's potential to emit and the 

allowable emissions; 

(5) a description of a verifiable method to attain and maintain the limit, including 

monitoring and recordkeeping requirements; 

(6) citation to the requirement that the person seeks to avoid, including an 

explanation of why the requirement would apply in the absence of the limit and how 

the limit allows the person to avoid the requirement; 

(7) a statement that the owner or operator of the stationary source will be able to 

comply with the limit; and 

(8) a certification, bearing the signature of the person requesting the limit, that states: 

"Based on information and belief formed after reasonable inquiry, I certify that the 

statements and information in this request are true, accurate, and complete. 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 36 

(c) Within 30 days after receiving a request under (b) of this section, the department will 

(1) make a preliminary decision to approve the request; or 

(2) deny the request and notify the owner or operator of the reasons for the denial. 

(d) If the department makes a preliminary decision to approve a request under (c) of this 

section, the department will solicit public comment on the preliminary decision as 

follows: 

(1) the department will publish a notice in a newspaper of general circulation within 

the area where the stationary source is or will be located; the department will publish 

this notice in two consecutive issues of the newspaper and in other media the 

department considers appropriate; the notice will include 

(A) the name and address of the applicant and the location or proposed location 

of the stationary source; 

(B) a summary describing the proposed limit, including reference to the 

requirement that the limit avoids; 

(C) a statement that the department will accept public comment on the proposed 

limit for 30 days after first publishing notice; and 

(D) the name and address of the person to whom comments should be sent; 

(2) the department will make available for public review, in at least one location 

within the area affected by the stationary source, the materials submitted by the owner 

or operator and a copy of the proposed limit; 

(3) the department, upon its own motion or upon a request made in accordance with 

18 AAC 15.060, will hold a public hearing on the application as described in 

18 AAC 15.060(d) - (h); and 

(4) the department will accept public comments and testimony on the proposed limit 

for 30 days after publishing the notice required by (1) of this subsection; if the 

department determines additional time is needed to allow full public participation, it 

will 

(A) extend the public comment period by up to an additional 60 days ; and 

(B) publish notice of the extension as provided under (1) of this subsection. 

(e) After the public comment period provided under (d) of this section, the department 

will consider the comments received during the public comment period and will make a 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 37 

final decision whether to approve, approve with conditions, or deny the request for cause. 

This final decision, or a decision to deny the request under (c)(2) of this section, is a 

permit action for the purpose of review under AS 46.14.200. The absence of a 

department decision within 30 days after the close of the public comment period provided 

in (d) of this section will be considered a permit action to deny the request for the 

purpose of review under AS 46.14.200. 

(f) If the department approves a request for a limit, it will issue a letter of approval that 

(1) describes the terms and conditions of the approval, including specific testing, 

monitoring, recordkeeping, or reporting requirements; 

(2) lists all equipment covered by the approval; 

(3) describes the requirement that the limit allows the owner or operator to avoid; 

and 

(4) contains the statement "I understand and agree to the terms and conditions of this 

approval" followed by a space for the owner's or operator's signature. 

(g) A limit approved under this section becomes effective the day after the department 

receives a copy of the letter of approval bearing the owner's or operator's signature in the 

space provided. On and after the date the limit becomes effective and until the limit is 

revised or revoked under (h) of this section, the owner and operator shall comply with all 

terms and conditions of the approval. 

(h) The owner or operator may request the department to revise the terms or conditions 

of the approval issued under this section by submitting a new request under (b) of this 

section. The owner or operator may request the department to revoke the approval in 

writing by explaining the reason for the request and applying for each permit listed in the 

original approval under (f) of this section as if the limit had never been approved. The 

limit remains in effect until the owner or operator 

(1) obtains a new limit that allows the owner or operator to continue to avoid the 

requirement; or 

(2) for a request to revoke the limit, obtains any permit that was avoided, and 

complies with any other requirement that was avoided. 

State effective: 1/29/05; EPA effective: 9/13/07 

18 AAC 50.230. PREAPPROVED EMISSION LIMITS. 

(a) This section sets out limits for certain stationary sources that become effective the 

day after the department receives a request containing all the required information. 

Under these "preapproved" emission limits or PAELs, no additional department approval 

is required. The owner and operator shall comply with the limit while that limit is in 

effect. The limit remains in effect until revoked in accordance with (e) of this section. 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 38 

(b) The owner or operator of a stationary source containing one or more emission units 

described in (c) or (d) of this section may request that the preapproved limits in those 

subsections be applied to that stationary source. To make the request, the owner or 

operator shall submit to the department the information required for the limit requested. 

(c) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from diesel 

engines may be established by restricting the amount of fuel that may be burned in an 

engine. To implement these limits, the owner or operator shall 

(1) submit to the department a letter or form containing 

(A) the name and address of the stationary source to which the limits will apply; 

(B) a list of all diesel engines at the stationary source to which the limits will 

apply, including the model and rated capacity of each diesel engine; 

(C) the maximum quantity of fuel, in gallons, that the owner or operator will be 

limited to use in the equipment listed in (B) of this paragraph in any consecutive 

12 months; 

(D) a calculation of the nitrogen oxides, in tons per year, that the equipment 

listed in (B) of this paragraph would have the potential to emit if subjected to the 

limits on fuel use proposed under (C) of this paragraph, determined by dividing 

the number provided under (C) of this paragraph by 3,309; 

(E) an estimate of the potential to emit nitrogen oxides, in tons per year, from all 

emission units at the stationary source that are not listed under (B) of this 

paragraph; 

(F) a calculation of the stationary source’s total potential to emit nitrogen oxides, 

determined by adding the values derived under (D) and (E) of this paragraph; 

(G) a list setting out each of the conditions required under (2) of this subsection; 

(H) a certification bearing the owner's or operator's signature stating that 

(i) "Based on information and belief formed after reasonable inquiry, I certify 

that the information in this request is true, accurate, and complete"; and 

(ii) the owner or operator fully understands the conditions required under (2) 

of this subsection and agrees to those conditions in order to limit nitrogen 

oxide emissions from the equipment listed under (B) of this paragraph to no 

more than the value calculated under (D) of this paragraph; and 

(I) the administration fee in 18 AAC 50.400(k)(2); and 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 39 

(2) agree to 

(A) limit the quantity of fuel burned in the equipment listed under (1)(B) of this 

subsection during any consecutive 12 months to no more than the amount proposed under (1)(C) of this subsection; 

(B) record the amount of fuel consumed in the equipment listed under (1)(B) of 

this subsection each month and calculate the total fuel consumed in the equipment 

during the preceding 12 months; 

(C) keep all receipts for fuel purchases and all records and calculations under (B) 

of this paragraph available for department inspection for at least five years; and 

(D) no later than January 31 of each year, submit to the department a copy of the 

records and calculations required by (B) of this paragraph for the preceding year. 

(d) The owner or operator of a gasoline distribution facility may limit the maximum 

daily throughput of gasoline for the stationary source to less than 19,900 gallons. If the 

limit in this subsection is applied, the department will consider the stationary source to be 

a bulk gasoline plant under the standards adopted by reference in 18 AAC 

50.040(a)(2)(M) and (AA). The owner or operator shall 

(1) submit to the department a letter or form containing

(A) the name and address of the stationary source to which the limit will apply;

(B) a list of each tank containing gasoline at the stationary source, including the 

working capacity of each tank; 

(C) a list of the conditions required under (2) of this subsection; and

(D) a certification bearing the signature of the owner or operator stating that

(i) "Based on information and belief formed after reasonable inquiry, I certify 

that the information in this request is true, accurate, and complete"; and

(ii) the owner or operator fully understands the conditions required under (2) 

of this section and agrees to those conditions in order to be classified as a bulk 

gasoline plant; and

(E) the administration fee in 18 AAC 50.400(k)(3); and

(2) agree to

(A) limit the quantity of gasoline transferred from tanks at the stationary source 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 40 

each day to less than 19,900 gallons;

(B) record the amount of gasoline transferred from tanks at the stationary source 

each day;

(C) keep all receipts for fuel sales and all records under (B) of this paragraph 

available for department inspection for at least five years; and

(D) no later than January 31 of each year, submit to the department a copy of the 

records required by (B) of this paragraph for the preceding year.

(e) The owner or operator may terminate a limit under this section by notifying the 

department, in writing, of the proposed date for termination of the limit. On and after the 

proposed date, the limit is no longer in effect unless the limit made it possible for the 

owner or operator to avoid any preconstruction review procedures or to avoid the 

requirement for an operating permit. If the limit 

(1) made it possible for the owner or operator to avoid any preconstruction review 

under this chapter, the limit remains in effect until the owner or operator obtains 

(A) a new construction permit under this chapter as if the limit had never existed; 

or 

(B) under this section, 18 AAC 50.225, or 18 AAC 50.508, a new limit that 

allows the owner or operator to continue to avoid preconstruction review; or 

(2) did not make it possible to avoid preconstruction review, but made it possible to 

avoid a Title V permit or minor permit to operate, the limit remains in effect until the 

owner or operator obtains 

(A) a new Title V permit under this chapter as if the limit had never existed; or 

(B) under this section or under a permit classified in 18 AAC 50.508, a new limit 

that allows the owner or operator to continue to avoid the need for the permit. 

State effective: 1/29/05; EPA effective: 9/13/07 

18 AAC 50.240. EXCESS EMISSIONS 

(a) In an enforcement action, the owner, operator, or permittee has the burden of proving 

that excess emissions were unavoidable. This demonstration is a condition to obtaining 

relief under (d), (e), and (f) of this section. 

(b) Excess emissions determined to be unavoidable under this section will be excused 

and are not subject to penalty. This section does not limit the department's power to 

enjoin the emission or require corrective action. 

(c) Excess emissions that present a potential threat to human health or safety or that the 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 41 

owner, operator, or permittee believes to be unavoidable must be reported to the 

department as soon as possible. Unless otherwise specified in the facility's permit, other 

excess emissions must be reported within 30 days after the end of the month during 

which the emissions occurred or as part of the next routine emission monitoring report, 

whichever is sooner. If requested by the department, the owner, operator, or permittee 

shall submit a full written report that includes the known causes, the corrective actions 

taken, and the preventive measures to be taken to minimize or eliminate the chance of 

recurrence. 

(d) Excess emissions due to startup or shutdown will be considered unavoidable if the 

owner, operator, or permittee reports them as required under (c) of this section and 

demonstrates that 

(1) the excess emissions could not have been prevented through careful planning and 

design; and 

(2) if a bypass of control equipment occurred, the bypass was necessary to prevent 

loss of life, personal injury, or severe property damage. 

(e) Excess emissions due to scheduled maintenance will be considered unavoidable if the 

owner, operator, or permittee reports them as required under (c) of this section and 

demonstrates that the excess emissions could not have been avoided through reasonable 

design, better scheduling for maintenance, or better operation and maintenance practices. 

(f) Excess emissions due to upsets will be considered unavoidable if the owner, operator, 

or permittee reports them as required under (c) of this section and demonstrates that 

(1) the event was not caused by poor or inadequate design, operation, or maintenance 

or by any other reasonably preventable condition; 

(2) the event was not of a recurring pattern indicative of inadequate design, 

operation, or maintenance; and 

(3) when the operator knew or should have known that an emission standard or 

permit condition was being exceeded, the operator took immediate and appropriate 

corrective action in a manner consistent with good air pollution control practice for 

minimizing emissions during the event, taking into account the total emissions impact 

of the corrective action, including slowing or shutting down the source as necessary 

to minimize emissions. 

(g) A demonstration under (d), (e), or (f) of this section must be supported by records 

made at the time the excess emissions occurred. 

State effective: 1/18/97; EPA effective: 1/19/99

18 AAC 50.245. AIR EPISODES AND ADVISORIES. 

(a) The department may declare an air episode and prescribe and publicize curtailment 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 42 

action if the concentration of an air pollutant in the ambient air has reached, or is likely in 

the immediate future to reach, any of the concentrations established in Table 6 in this 

subsection. 

Table 6. 

Concentrations Triggering an Air Episode

 Episode Type Air Pollutant Concentration in 

micrograms per cubic meter 

{and in ppm where applicable} 

 Air alert Sulfur dioxide 365 (24-hour average) 

{0.14 ppm} 

PM-10 150 (24-hour average) 

PM-10 from wood burning 

(wood smoke control areas) 

92 (24-hour average) 

Carbon monoxide 10,000 (8-hour average) 

{8.7 ppm} 

 Air warning Sulfur dioxide 800 (24-hour average) 

{0.31 ppm} 

PM-10 350 (24-hour average) 

Carbon monoxide 17,000 (8-hour average) 

{15 ppm} 

 Air emergency Sulfur dioxide 1,600 (24-hour average) 

{0.61 ppm} 

PM-10 420 (24-hour average) 

PM-10 from wood burning 

(wood smoke control areas) 

During an air alert, a concentration 

measured or predicted to exceed 92 

(24-hour average), and to continue to 

increase beyond the concentration that 

triggered the air alert 

Carbon monoxide 34,000 (8-hour average) 

{30 ppm} 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 43 

(b) The department will declare an air quality advisory if, in its judgment, air quality or 

atmospheric dispersion conditions exist that might threaten public health. 

(c) If the department declares an air quality advisory under (b) of this section, the 

department will 

(1) request voluntary emission curtailments from any person issued a permit under 

this chapter whose stationary source’s emissions might impact the area subject to the 

advisory; and 

(2) publicize actions to be taken to protect public health. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.250. PROCEDURES AND CRITERIA FOR REVISING AIR QUALITY CLASSIFICATIONS. 

(a) Except for the Class I areas identified in 18 AAC 50.015(c), the class of any 

geographical area of the state can be revised. This section sets out the procedures and 

criteria for revising an air quality classification. 

(b) A geographic area that exceeds 10,000 acres and is one of the following may be 

classified only as Class I or Class II: 

(1) a national park or national wilderness area established after August 7, 1977; or 

(2) a national monument, national primitive area, national preserve, national 

recreation area, national wild and scenic river, national wildlife refuge or range, or a 

national lakeshore or seashore. 

(c) The department will, on its own motion, or upon receipt of a petition under 

AS 44.62.220, propose to change the air quality classification of a geographical area. 

The department will, in its discretion, combine or coordinate any public meetings or 

hearings conducted under (e) of this section with those conducted under AS 44.62.180 - 

44.62.290. The department will make the report prepared under (d) of this section 

available to the public during the public comment period provided under AS 44.62.210. 

(d) Before proposing a change to a geographic air quality classification, the department 

will prepare, and a person submitting a petition under AS 44.62.220 must provide, a 

report that includes 

(1) an accurate description of the boundaries of the geographic area for which the 

change in air quality classification is proposed; 

(2) the classification in effect for the area and the proposed classification; 

(3) a statement of the reasons why the change to the air quality classification is 

proposed and is in the public interest; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 44 

(4) a detailed evaluation of new emissions and ambient air quality impacts expected 

to occur in the area to be reclassified and in adjacent areas as a result of a 

modification to a stationary source in that area or from construction and operation of 

a new stationary source in that area 

(A) for which a complete permit application under AS 46.14.160 is pending 

before the department at the time the report is prepared; or 

(B) that has been proposed, would be subject to this chapter and AS 46.14.120 or 

46.14.130, and could not be permitted under those provisions without a change in 

the air quality classification for the area; 

(5) an evaluation of the effects on air quality in other geographic areas classified in 

18 AAC 50.015(c) of any proposed new or modified stationary source in the area to 

be reclassified; and 

(6) a detailed analysis of the health, environmental, economic, social, and energy 

effects of the proposed reclassification. 

(e) Before the commissioner will adopt an amendment to 18 AAC 50.015(c) that 

changes the air quality classification of an area of the state, 

(1) for any change, 

(A) the federal administrator must have approved the change; 

(B) the department must have conferred with the elected leadership of local and 

other substate general purpose governments in the area covered by the proposed 

redesignation; 

(C) the department must have notified each affected federal land manager of the 

proposed change and provided at least 30 days to comment on the report 

described in (d) of this section; 

(D) the department must have published in a newspaper of general circulation in 

the state a summary of the comments and recommendations of any affected 

federal land manager received under (B) of this paragraph and an explanation of 

the reasons for implementing a change that is inconsistent with the 

recommendations of the federal land manager; and 

(E) the commissioner must have determined that 

(i) the health, environmental, economic, social, and energy effects of the 

change are in the public interest; and 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 45 

(ii) implementing the change will not cause or contribute to a violation of the 

ambient air quality standards or maximum allowable increase;

(2) for any change to the classification of lands within the exterior boundary of a 

reservation of a federally-recognized Indian tribe, the governing body of the tribe 

must have approved the change; and 

(3) for a reclassification of an area to Class III, the change must meet the applicable 

requirements of 42 U.S.C. 7474, adopted by reference as amended through 

December 19, 1996. 

(f) In this section, “federal land manager” has the meaning given in 40 C.F.R. 

51.166(b)(24), as revised as of July 1, 2003 and adopted by reference. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.260. Guidelines for Best Available Retrofit Technology under the 

Regional Haze Rule. 

(a) For the purposes of this section, the following are adopted by reference: 

(1) 40 C.F.R. 51.301(Definitions), revised as of July 1, 2007, except that 

(A) “fugitive emissions” has the meaning given in AS 46.14.990; 

(B) “major stationary source” has the meaning given in AS 46.14.990 and 

18 AAC 50.990; 

(C) “potential to emit” has the meaning given in AS 46.14.990; 

(D) “stationary source” has the meaning given in AS 46.14.990; 

(2) 40 C.F.R. Part 51, Appendix Y (guidelines for BART determinations under 

the regional haze rule), as revised as of July 1, 2007. 

(b) Sources subject to BART shall be identified consistent with Section III of the BART 

guideline. No later than 5 days after December 30, 2007, the Department shall notify the 

owner or operator of each source subject to BART in writing and shall identify the 

affected Class I areas. A notice provided to the owner or operator prior to December 30, 

2007 shall satisfy this obligation. Unless the department exempts a source in accordance 

with Section III of the BART guideline, each source subject to BART shall comply with 

(d) through (h) and (l) through (o) of this section. 

(c) An owner or operator notified under (b) of this section may request an exemption 

from BART. Exemptions from BART approved by the department in writing prior to 

December 30, 2007 shall have the same effect as those approved under this subsection. 

An exemption from BART must be requested and processed as follows: 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 46 

(1) the owner or operator shall: 

(A) notify the department no later than 10 days after the latter of 

December 30, 2007 or notification under (b) of this section that they 

intend to request exemption from BART through visibility impact analysis 

modeling; and 

(B) submit, no more than 30 days after the later of December 30, 2007 or 

the date of the department’s notice under (b) of this section, a visibility 

impact analysis modeling protocol that will meet the requirements of 

(h)(3) of this section for refined visibility impact analysis modeling: 

(2) no later than 30 days after receiving a submission under (1)(B) of this 

subsection, the department will: 

(A) approve the modeling protocol; or 

(B) disapprove the modeling protocol and notify the owner or operator of 

the reasons for the disapproval; 

(3) upon approval of the modeling protocol, the owner or operator shall 

(A) conduct a visibility impact analysis in accordance with (h)(3) of this 

section; and 

(B) submit the visibility impact analysis report, including all supporting 

documentation, to the department no later than 60 days after the 

department approves a modeling protocol for the visibility impact 

analysis; if a modeling protocol is submitted and approved prior to 

December 30, 2007, the visibility impact analysis report required under 

this section shall be submitted no later than 90 days after December 30, 

2007; 

(4) the department will approve an exemption if the owner or operator meets the 

requirements of (1) and (3) of this subsection and the information submitted 

adequately demonstrates that the BART-eligible source is not reasonably 

anticipated to cause or contribute to any impairment of visibility in a Class 1 Area 

identified in the notice provided under (b) of this section; 

(5) if the department does not approve an exemption based on the visibility 

impact analysis submitted under (c)(1) and (c)(3) of this section, the owner or 

operator shall: 

(A) submit a BART control analysis under (d) and (e) of this section; or 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 47 

(B) submit an application under 18 AAC 50.225 for owner-requested 

limits (ORL); that application must be submitted no later than 30 days 

after the date of the disapproval; upon approval of an owner requested 

limit under 18 AAC 50.225, the owner or operator shall comply with the 

terms and conditions of the approval; if the owner requested limit is 

subsequently rescinded, the owner or operator shall conduct a BART 

control analysis in accordance with (d) – (o) of this section; 

(6) the department will notify the owner or operator, the Environmental Protection 

Agency, and each affected federal land manager, in writing, of a department 

approval or disapproval under this subsection; if the decision is to approve an 

exemption, either through visibility impact analysis or an owner-requested limit, 

the department will explain what requirements of this section no longer apply to 

the BART-eligible source. 

(d) If an owner or operator does not submit an exemption modeling protocol under (c)(1) 

of this section or if the department denies the exemption request under (c) of this section, 

the owner or operator shall submit a BART assessment modeling protocol that meets the 

requirements of (h)(3) of this section for control technology visibility impact analysis 

modeling no more than 30 days after the latest of December 30, 2007, the date of the 

department’s notice under (b) of this section, or the date of the department’s notice 

disapproving the exemption request under (c) of this section. No more than 30 days after 

submission of a modeling protocol under this subsection, the department will 

(1) approve the modeling protocol; or 

(2) disapprove the modeling protocol and notify the owner or operator of the 

reasons for the disapproval. 

(e) For purposes of analyzing the visibility impact from potential control technologies, 

the owner or operator of each source subject to BART shall submit to the department an 

analysis of control options consistent with Section IV of the BART guidelines; 

(1) no more than 210 days after the later of December 30, 2007 or the date of the 

department’s notice under (b) of this section, if the owner or operator did not 

submit an exemption modeling protocol under (c)(1) of this section; or 

(2) no more than 180 days after the date of the department’s notice disapproving 

an exemption request submitted under (c) of this section. 

(f) The pollutants of concern for purposes of BART are SO2, NOx, and PM10. 

(g) If an owner or operator elects to apply, or has already applied, the most stringent 

controls available consistent with the analysis conducted under (e) of this section, they 

are not required to conduct a visibility impact analysis for the emission units and 

pollutants to which the controls are to be or have been applied. 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 48 

(h) A visibility impact analysis must: 

(1) use an identical modeling approach for comparing the pre-control and postcontrol impacts of potential BART controls; 

(2) determine the maximum change in visibility impacts in daily deciviews, 

between the current or pre-control technology and each potential BART control 

option consistent with the approved modeling protocol compared to the annual 

average default natural visibility condition as listed in EPA’s Guidance for 

Estimating Natural Visibility Conditions Under the Regional Haze Rule, EPA454/B-03-005, dated September 2003 and adopted by reference, at each Class I 

area identified in the notice under (b) of this section. 

(3) be conducted in a manner consistent with either: 

(A) the Western Regional Air Partnership’s CALMET/CALPUFF Protocol 

for BART Exemption Screening Analysis for Class I Areas in the Western 

United States, dated August 15, 2006 and adopted by reference, as 

amended by the Summary of WRAP RMC BART Modeling for Alaska, 

Draft #7, dated April 6, 2007, adopted by reference; or 

(B) a modified protocol that was first submitted as a draft and made 

available for at least a 15-day review by EPA and each affected federal 

land manager, and subsequently approved in writing by the department. 

(i) The department will request from the owner or operator any additional information 

necessary to complete review of the analysis of control options for a source subject to 

BART. The department will establish a reasonable deadline for submitting the 

information after consulting the owner or operator. The owner or operator shall provide 

such information no later than the deadline established by the department. 

(j) The department will review each analysis of control options and issue a preliminary 

BART determination for each emission unit at each source subject to BART. In the 

preliminary BART determination, the department will include: 

(1) the pollutant-specific emission limits for each emission unit at each source 

subject to BART; and 

(2) the monitoring, record-keeping, and reporting needed to demonstrate 

compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), 

adopted by reference in 18 AAC 50.040(j); 

(k) No more than 120 days after receipt of BART analysis under (e) of this section, the 

department will publish a notice of its preliminary BART determination and provide at 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 49 

least 30 days for the public to comment in accordance with 40 C.F.R. 71.11, adopted by 

reference in 18 AAC 50.040(j) except as follows: 

(1) the department may distribute a public notice to a person by electronic mail; if 

a person requests to be sent notice by postal mail instead of electronic mail, the 

department will send the notice by postal mail; 

(2) the department will hold a public hearing only if one is requested within 15 

days after publication of the notice. 

(l) Within 15 days after the deadline for receipt of public comments, and after 

consideration of comments and testimony received, the department will make a final 

BART determination and provide written notice to each owner or operator, EPA, each 

affected federal land manager, and any person who commented on the preliminary BART 

determination. In the final BART determination, the department will include 

(1) the pollutant-specific emission limits for each emission unit at each source 

subject to BART; and 

(2) the monitoring, record-keeping, and reporting needed to demonstrate 

compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), 

adopted by reference in 18 AAC 50.040(j). 

(m) An informal review of the final BART determination may be requested as prescribed 

in 18 AAC 15.185. An adjudicatory hearing of the final BART determination may be 

requested as prescribed in 18 AAC 15.195 – 18 AAC 15.340. 

(n) As expeditiously as practicable, but in no case more than five years after the date of 

EPA approval of the regional haze state implementation plan required under 42 U.S.C. 

7410 and 7491, the owner or operator of a source that is subject to a final BART 

determination under this section shall comply with the requirements established in that 

determination. 

(o) The owner or operator of a source required to install control equipment to comply 

with the BART determination shall: 

(1) maintain the control equipment and establish procedures to ensure that the 

equipment is properly operated and maintained; and 

(2) conduct monitoring, recordkeeping, and reporting in accordance with the 

methods set out in the final BART determination. 

(p) Department services under this section are designated regulatory services for 

preapplication assistance and will be billed to the operating permit covering the source 

subject to BART as set out in 18 AAC 50. 400(j) 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 50 

(q) In this section, 

(1) “BART” has the meaning given the term “Best Available Retrofit 

Technology” in 40 C.F.R. 51.301, adopted by reference in (a) of this section; 

(2) “ BART-eligible source” has the meaning given in 40 C.F.R. 51.301, adopted 

by reference in (a) of this section; 

(3) “BART guidelines” means 40 C.F.R. Part 51, Appendix Y (Guidelines for 

BART determinations under the regional haze rule), adopted by reference in (a) of 

this section. 

(4) “cause or contribute to impairment of visibility” means to release emissions 

that produce a 0.5 or greater change in the daily deciview when compared against 

natural conditions; for the purposes of this paragraph, “natural conditions” 

includes naturally occurring phenomena that reduce visibility as measured in 

terms of light extinction, visual range, contrast, or coloration; 

(5) “deciview” has the meaning given in 40 C.F.R. 51.301, adopted by reference 

in (a) of this section; 

(6) “existing stationary facility” has the meaning given in 40 C.F.R. 51.301, 

adopted by reference in (a) of this section; 

 (7) “federal land manager” has the meaning given in 40 C.F.R. 51.301, adopted 

by reference in (a) of this section; 

(8) “maximum change” means the greatest relative change in visibility between 

pre-BART controls and post-BART controls for purposes of this section; 

(9) “sources subject to BART” means a source indentified by the department in 

accordance with Section III of the BART guidelines; 

(10) “visibility impact analysis” means an air quality modeling analysis conducted 

for the purposes of determining visibility impacts. 

Editor’s note: The Guidance for Estimating Natural Visibility Conditions Under the 

Regional Haze Rule, the CALMET/CALPUFF Protocol for BART Exemption Screening 

Analysis for Class I areas in the Western United States, and the Summary of WRAP RMC 

BART Modeling for Alaska, Draft #7, adopted by reference in 18 AAC 50.260(h), may be 

reviewed at the department's Anchorage, Fairbanks, or Juneau office. To obtain a copy of 

these or any other documents adopted by reference in this section, contact the Department 

of Environmental Conservation, Air Quality Division at (907) 465-5100.

State effective: 12/30/07; EPA effective: 3/18/13 

Article 3. Major Stationary Source Permits. 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 51 

18 AAC 50.301. PERMIT CONTINUITY. 

(a) An air quality permit that is effective under this chapter as of October 1, 2004 

remains in effect until it 

(1) expires, consistent with AS 46.14.230; 

(2) is revoked by the department under AS 46.14.280; or 

(3) is replaced by a permit issued under this chapter. 

(b) For a permit under this chapter, if the applicant has submitted a complete application 

before October 1, 2004, but the department has not yet issued the permit by that date, the 

(1) applicant may request in writing that the department process the application 

under the regulations in effect before or after October 1, 2004; and 

(2) department will process the application in accordance with the applicant’s 

request. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.302. CONSTRUCTION PERMITS. 

(a) An owner or operator must obtain a construction permit before beginning actual 

construction of a new major stationary source, a major modification, a PAL major 

modification, or a new stationary source or modification subject to the construction 

permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i)). The owner or 

operator must obtain one or more of the following types of construction permits, as 

applicable: 

(1) a prevention of significant deterioration (PSD) permits under 18 AAC 50.306; 

(2) a nonattainment area major stationary source permit under 18 AAC 50.311; 

(3) a construction permit under 18 AAC 50.316 for a major source of hazardous air 

pollutants. 

(b) If a stationary source or modification may require permits under more than one 

section in this chapter, the owner or operator may file a single permit application, and the 

department will issue a single permit incorporating all applicable construction permit 

requirements. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.306. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) 

PERMITS. 

(a) An owner or operator must obtain a prevention of significant deterioration (PSD) 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 52 

permit under this section before beginning actual construction of a new major stationary 

source, a major modification, or a PAL major modification. 

(b) To satisfy the requirement of (a) of this section, the owner or operator must comply 

with the requirements of 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040 with 

the following changes: 

(1) in 40 C.F.R. 52.21, the term “administrator” means 

(A) “federal administrator” in 40 C.F.R. 52.21(b)(17), (b)(37), (b)(43), (l)(2), and 

(p)(2), and in the second reference to “the Administrator” in 40 C.F.R. 

52.21(y)(7); and 

(B) “department” elsewhere; 

(2) each reference in 40 C.F.R. 52.21 to the date “March 3, 2003” is revised to read 

“the date that the Clean Unit applicability test becomes effective as an element of the 

EPA-approved Alaska state implementation plan”;

(3) in 40 C.F.R. 52.21(y)(3)(iii), the phrase “before December 31, 2004” is revised 

to read “within two years after the date that the Clean Unit applicability test becomes 

effective as an element of the EPA-approved Alaska state implementation plan”; 

(4) exclusions from increment consumption apply to the maximum extent allowed 

under 40 C.F.R. 51.166(f), adopted by reference in 18 AAC 50.040. 

(c) The department will issue each permit under this section following the procedures 

and other requirements of AS 46.14, and of 40 C.F.R. 52.166(f) and (q)(2), and 40 C.F.R. 

52.21, as adopted by reference in 18 AAC 50.040, with the following additions and 

exemptions: 

(1) the date of receipt of the application is the date that the department has received 

all required information under AS 46.14.160 and this section; 

(2) the department will provide at least 30 days for the public to comment, and upon 

its own motion or upon a request in accordance with 18 AAC 15.060, will hold a 

public hearing on the application as described in 18 AAC 15.060(d) - (h); 

(3) if requested by the owner or operator of a stationary source or modification that 

requires both a PSD permit and a Title V permit or permit modification, the 

department will integrate review of the operating permit application or amendment 

required by 18 AAC 50.326 and the PSD permit application required by this section; 

a PSD permit application designated for integrated review will be processed in 

accordance with procedures and deadlines described in 18 AAC 50.326. 

(d) In each PSD permit issued under this section, the department will include terms and 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 53 

conditions 

(1) as necessary to ensure that the permittee will construct and operate the proposed 

stationary source or modification in accordance with this section, including terms and 

conditions consistent with AS 46.14.180 that require the permittee to 

(A) install, use, and maintain monitoring equipment; 

(B) sample emissions according to the methods prescribed by the department, at 

locations and intervals specified by the department, and by procedures specified 

by the department; 

(C) provide source test reports, monitoring data, emissions data, and information 

from analysis of any test samples; 

(D) keep records; and 

(E) make periodic reports on process operations and emissions, and reports 

consistent with 18 AAC 50.235 – 18 AAC 50.240; and 

(2) for payment of fees consistent with 18 AAC 50.400 – 18 AAC 50.420. 

(e) A person described in AS 46.14.200 may request an adjudicatory hearing to 

challenge the issuance, denial, or conditions of a PSD permit as prescribed in 18 AAC 

15.195 – 18 AAC 15.340. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.311. NONATTAINMENT AREA MAJOR STATIONARY SOURCE 

PERMITS. 

(a) In accordance with the provisions of 40 C.F.R. 51.165, as adopted by reference in 18 

AAC 50.040, before commencing construction of a major stationary source, major 

modification, or PAL major modification for a nonattainment pollutant in a 

nonattainment area, an owner or operator must obtain a construction permit from the 

department. 

(b) The application for a permit under this section must include 

(1) for the nonattainment air pollutant, a 

(A) demonstration, including substantiating information, that emissions of the 

pollutant will be controlled to a rate that represents the lowest achievable 

emission rate (LAER); 

(B) demonstration that reductions in actual emissions from other stationary 

sources within the nonattainment area will equal or exceed the expected 

maximum emissions increase from the construction and operation of the 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 54 

stationary source or modification; and 

(C) description of the proposed reductions in actual emissions used to 

demonstrate satisfaction of the requirements in (B) of this paragraph; the 

description must include 

(i) from each stationary source providing the emission reductions, a complete 

application for a minor permit under 18 AAC 50.508(4); and 

(ii) a certification that proposed reductions in actual emissions will occur 

before the onset of emission increases from the stationary source or 

modification; 

(2) a demonstration that other stationary sources owned or operated by the applicant 

within the state are in compliance with 

(A) AS 46.14, this chapter, the Clean Air Act, and applicable federal regulations; 

or 

(B) an order issued under AS 46.03 that controls air emissions from those 

stationary sources; and 

(3) a demonstration that the benefits of construction, operation, or modification of 

the stationary source will significantly outweigh the environmental and social costs 

incurred, considering factors such as alternative sites, sizes, production processes, and 

environmental control techniques. 

(c) In accordance with 40 C.F.R. 51.161, as revised as of July 1, 2003 and adopted by 

reference, the department will provide notice and opportunity for a 30 - day public 

comment period on the department’s proposed permit or proposed denial. The 

department will issue a permit only if the department finds that the applicant has shown 

that the stationary source or modification will meet the requirements of (b) of this section 

and 40 C.F.R. 51.165, adopted by reference in 18 AAC 50.040. 

(d) In each construction permit issued under this section, the department will include 

terms and conditions 

(1) as necessary to ensure that the proposed stationary source or modification will 

meet the requirements of this section, including terms and conditions consistent with 

AS 46.14.180 for 

(A) installation, use, and maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed by the department, 

at locations and intervals specified by the department, and by procedures specified 

by the department; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 55 

(C) providing source test reports, monitoring data, emissions data, and 

information from analysis of any test samples; 

(D) keeping records; and 

(E) making periodic reports on process operations and emissions, and reports 

consistent with 18 AAC 50.235 – 18 AAC 50.240; and 

(2) for payment of fees consistent with 18 AAC 50.400 – 18 AAC 50.420. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.345. CONSTRUCTION AND OPERATING PERMITS: STANDARD 

PERMIT CONDITIONS. 

(a) Subsections (b) – (o) of this section set out standard permit conditions that the 

department will include in each operating permit. The department may include the 

conditions set out in (c)(1) and (2) and (d) – (o) of this section in each construction 

permit. The conditions set out in (m) – (o) of this section do not apply to visible 

emissions observations by smoke readers, except in connection with required particulate 

matter testing. 

(b) Compliance with permit terms and conditions is considered to be in compliance with 

those requirements that are

(1) included and specifically identified in the permit; or

(2) determined in writing in the permit to be inapplicable.

(c) The permittee must comply with each permit term and condition. Noncompliance 

with a permit term or condition constitutes a violation of AS 46.14, this chapter, and, 

except for those terms or conditions designated in the permit as not federally enforceable, 

the Clean Air Act, and is grounds for 

(1) an enforcement action; 

(2) permit termination, revocation and reissuance, or modification in accordance with 

AS 46.14.280; or 

(3) denial of an operating permit renewal application.

(d) It is not a defense in an enforcement action to claim that it would have been 

necessary to halt or reduce the permitted activity in order to maintain compliance with a 

permit term or condition. 

(e) Each permit term and condition is independent of the permit as a whole and remains 

valid regardless of a challenge to any other part of the permit. 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 56 

(f) The permit may be modified, reopened, revoked and reissued, or terminated for 

cause. A request by the permittee for modification, revocation and reissuance, or 

termination or a notification of planned changes or anticipated noncompliance does not 

stay any permit condition. 

(g) The permit does not convey any property rights of any sort, nor any exclusive 

privilege. 

(h) The permittee shall allow the department or an inspector authorized by the 

department, upon presentation of credentials and at reasonable times with the consent of 

the owner or operator to 

(1) enter upon the premises where a source subject to the permit is located or where 

records required by the permit are kept; 

(2) have access to and copy any records required by the permit; 

(3) inspect any stationary source, equipment, practices, or operations regulated by or 

referenced in the permit; and 

(4) sample or monitor substances or parameters to assure compliance with the permit 

or other applicable requirements. 

(i) The permittee shall furnish to the department, within a reasonable time, any 

information that the department requests in writing to determine whether cause exists to 

modify, revoke and reissue, or terminate the permit or to determine compliance with the 

permit. Upon request, the permittee shall furnish to the department copies of records 

required to be kept by the permit. The department may require the permittee to furnish 

copies of those records directly to the federal administrator. 

(j) The permittee shall certify all reports, compliance certifications, or other documents 

submitted to the department and required under the permit by including the signature of a 

responsible official for the permitted stationary source following the statement: “Based 

on information and belief formed after reasonable inquiry, I certify that the statements 

and information in and attached to this document are true, accurate, and complete.” 

Excess emission reports must be certified either upon submittal or with an operating 

report required for the same reporting period. All other reports and other documents 

must be certified upon submittal. 

(k) In addition to any source testing explicitly required by the permit, the permittee shall 

conduct source testing as requested by the department to determine compliance with 

applicable permit requirements. 

(l) The permittee may request an extension to a source test deadline established by the 

department. The permittee may delay a source test beyond the original deadline only if 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 57 

the extension is approved in writing by the department’s appropriate division director or 

designee.

(m) Before conducting any source tests, the permittee shall submit a plan to the 

department. The plan must include the methods and procedures to be used for sampling, 

testing, and quality assurance and must specify how the source will operate during the 

test and how the permittee will document that operation. The permittee shall submit a 

complete plan within 60 days after receiving a request under (k) of this section and at 

least 30 days before the scheduled date of any test unless the department agrees in writing 

to some other time period. Retesting may be done without resubmitting the plan. 

(n) At least 10 days before conducting a source test, the permittee shall give the 

department written notice of the date and the time the source test will begin. 

(o) Within 60 days after completing a source test, the permittee shall submit two copies 

of the results in the format set out in the Source Test Report Outline, adopted by 

reference in 18 AAC 50.030. The permittee shall certify the results in the manner set out 

in (j) of this section. If requested in writing by the department, the permittee must 

provide preliminary results in a shorter period of time specified by the department. 

State effective: 10/1/04; EPA effective: 9/13/07 

Article 5. Minor Permits. 

18 AAC 50.502. MINOR PERMITS FOR AIR QUALITY PROTECTION. 

(a) A minor permit is required as described in (b) - (f) of this section, except that a 

permit is not required under this section 

(1) before construction, modification, or relocation of a new major stationary source 

or major modification that requires a permit under 18 AAC 50.306 – 18 AAC 50.311; 

however, a minor permit is required under this section for an air pollutant if that air 

pollutant is not significant under 40 C.F.R. 52.21(b)(23), adopted by reference in 18 

AAC 50.040, and if a permit is not required under 18 AAC 50.311; a minor permit 

that is required under this paragraph for that air pollutant will be issued as part of the 

major permit; 

(2) before operation if the stationary source needs a Title V permit; however, the 

need for a Title V permit does not exempt a stationary source from the requirement 

for a minor permit for construction, modification, or relocation; 

(3) before relocation if the stationary source is already allowed by permit to operate 

at the new location; or 

(4) as provided in (g) of this section. 

(b) Except as provided in (a) or (d) of this section, the owner or operator must obtain a 

minor permit under this section before construction, operation, or relocation of a 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 58 

stationary source containing 

(1) an asphalt plant with a rated capacity of at least five tons per hour of product; 

(2) a thermal soil remediation unit with a rated capacity of at least five tons per hour 

of untreated material; 

(3) a rock crusher with a rated capacity of at least five tons per hour; 

(4) one or more incinerators with a cumulative rated capacity of 1,000 pounds or 

more per hour; 

(5) a coal preparation plant; or 

(6) a Port of Anchorage stationary source. 

(c) The owner or operator must obtain a minor permit under this section before 

commencing 

(1) construction of a new stationary source with a potential to emit greater than 

(A) 15 TPY of PM-10; 

(B) 40 TPY of nitrogen oxides; 

(C) 40 TPY of sulfur dioxide; 

(D) 0.6 TPY of lead; or 

(E) 100 TPY of carbon monoxide within 10 kilometers of a nonattainment area; 

or 

(2) construction or, if not already authorized in a permit under this chapter, relocation 

(A) on or after December 3, 2005 of a portable oil and gas operation, unless the 

owner or operator 

(i) complies with an existing operating permit developed for the portable oil 

and gas operation at the permitted location; or 

(ii) operates as allowed under AS 46.14.275 (Timely and Complete 

Application as Shield) without an operating permit; 

(B) after October 1, 2004 of an emission unit with a rated capacity of 10 million 

Btu or more per hour in a sulfur dioxide special protection area established under 

18 AAC 50.025(c); or 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 59 

(3) a physical change to or change in the method of operation of an existing 

stationary source with a potential to emit an air pollutant greater than an amount listed 

in (1) of this subsection that will cause for that pollutant an emissions increase 

calculated at the discretion of the owner or operator as either an increase in 

(A) potential to emit that is greater than 

(i) 10 TPY of PM-10 

(i) 10 TPY of sulfur dioxide; 

(iii) 10 TPY of nitrogen oxides; or 

(iv) 100 TPY of carbon monoxide for a stationary source within 10 

kilometers of a nonattainment area; or 

(B) actual emissions and a net emissions increase greater than 

(i) 10 TPY of PM-10 

(i) 10 TPY of sulfur dioxide; 

(iii) 10 TPY of nitrogen oxides; or 

(iv) 100 TPY of carbon monoxide for a stationary source within 10 

kilometers of a nonattainment area. 

(d) An owner or operator may satisfy the requirement for a minor permit under this 

section through a stationary source-specific permit issued under 18 AAC 50.540 – 

18 AAC 50.544 or a general minor permit under 18 AAC 50.560. An owner or operator 

may apply for a minor permit under this section that is valid at multiple locations. The 

owner or operator of a stationary source listed in (b) of this section 

(1) if operating under an operating permit issued before October 1, 2004 may 

(A) continue to operate under that permit, which remains in effect regardless of 

the stated expiration date in the permit, unless the department takes an action 

under AS 46.14.280; or 

(B) apply for a new permit under this section at any time; or 

(2) if qualified, may apply for an operate under a general operating permit that was 

issued before October 1, 2004 and that has not expired or been revoked by the 

department as of the date the department receives a complete application; the owner 

or operator may 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 60 

(A) continue to operate under that permit, which remains in effect regardless of 

the stated expiration date in the permit, unless the department takes action under 

AS 46.14.280; or 

(B) apply for a new permit under this section at any time.. 

(e) For the purposes of (c)(3) of this section, actual emissions shall be calculated by 

comparing projected actual emissions to the baseline actual emissions. In determining 

the projected actual emissions, before beginning actual construction, the owner or 

operator of the stationary source shall 

(1) consider all relevant information, including historical operational data, the 

owner’s or operator’s own representations, the owner’s or operator’s expected 

business activity and the owner’s or operator’s highest projections of business 

activity, the owner’s or operator’s filings with the state or federal regulatory 

authorities, and compliance plans under AS 46.14.120; and 

(2) include fugitive emissions to the extent quantifiable and emissions associated 

with startups, shutdowns, and malfunctions; and 

(3) exclude, in calculating any increase in emissions that results from the particular 

project, that portion of the unit's emissions following the project that an existing unit 

could have accommodated during the consecutive 24-month period used to establish 

the baseline actual emissions and that are also unrelated to the particular project, 

including any increased utilization due to product demand growth. 

(f) If the owner or operator elects to base permit applicability for a modification on a 

calculation of actual emissions, if the project does not need a minor permit based on that 

calculation, and if a reasonable possibility exists that the project may result in an 

emissions increase greater than the thresholds in (c)(3) of this section, the owner or 

operator shall comply with the following: 

(1) before beginning actual construction of the project, the owner or operator shall 

document and maintain a record of the following information: 

(A) a description of the project; 

(B) identification of each emission unit that has emissions of a regulated NSR 

pollutant that could be affected by the project; and 

(C) a description of the applicability test used to determine that the project is not 

a modification subject to (c)(3) of this section for any regulated NSR pollutant, 

including the baseline actual emissions, the projected actual emissions, the 

amount of emissions excluded under (e)(3) of this section, an explanation for why 

that amount was excluded, and any netting calculations, if applicable; 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 61 

(2) if the emission unit is an existing electric utility steam generating unit, before 

beginning actual construction, the owner or operator shall provide a copy of the 

information listed in(1) of this subsection to the department; 

(3) the owner or operator shall monitor the emissions of any regulated NSR pollutant 

that could increase as a result of the project and that is emitted by any emission unit 

identified in (1)(B) of this subsection, and shall calculate and maintain a record of the 

annual emissions, in tons per year on a calendar year basis, for a period of five years 

following resumption of regular operations after the project, or for a period of 10 

years following resumption of regular operations after the project if the project 

increases the design capacity of or potential to emit that regulated NSR pollutant at 

that emission unit; 

(4) if the emission unit is an existing electric utility steam generating unit, the owner 

or operator shall submit a report to the department within 60 days after the end of 

each year during which records must be generated under (3) of this subsection setting 

out the unit's annual emissions during the calendar year that preceded submission of 

the report. 

(5) if the emissions unit is an existing unit other than an electric utility steam 

generating unit, the owner or operator shall submit a report to the department if the 

annual emissions, in tons per year, from the project identified in (1) of this 

subsection, exceed the baseline actual emissions, as documented and maintained 

under (1)(C) of this subsection, by an amount exceeding the thresholds in (c)(3) of 

this section for that regulated NSR pollutant, and if those emissions differ from the 

reconstruction projection as documented and maintained under (1)(C) of this 

subsection; the report shall be submitted to the department within 60 days after the 

end of that year; the report must contain the following: 

(A) the name, address, and telephone number of the stationary source; 

(B) the annual emissions as calculated under (3) of this subsection; 

(C) any other information that the owner or operator wishes to include in the 

report. 

(g) An increase in emissions under (c)(3) of this section does not require a permit under 

that paragraph if 

(1) the emission unit is designated as a clean unit under 40 C.F.R. 52.21(x) – (y), 

adopted by reference in 18 AAC 50.040;

(2) the project is approved to use the pollution control project (PCP) exclusion under 

40 C.F.R. 52.21(z), adopted by reference in 18 AAC 50.040; or
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 62 

(3) a plantwide applicability limitation (PAL) is established for the stationary source 

under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040. 

(h) For the purposes of this section 

(1) “baseline actual emissions” has the meaning given in 40 C.F.R. 52.21(b)(48), 

adopted by reference in 18 AAC 50.040, except that in that definition the term “major 

stationary source” is revised to read “stationary source within the meaning given in 

AS 46.14.990”; 

(2) “electric utility steam generating unit” has the meaning given in 40 C.F.R. 

51.166(b)(30), as revised as of July 1, 2003 and adopted by reference; 

(3) “net emissions increase” has the meaning given in 40 C.F.R. 52.21(b)(3) adopted 

by reference in 18 AAC 50.040, except that “net emissions increase” applies to 

(A) any increase in emissions of an air pollutant at a stationary source with 

existing emissions of that air pollutant greater than the amounts listed in (c)(1) of 

this section; notwithstanding 40 C.F.R. 52.21(a)(2)(iv), as reference in 40 C.F.R. 

52.21(b)(3)(i)(a), “net emissions increase” is not restricted to a significant 

emissions increase or significant net emissions increase within the meaning of 40 

C.F.R. 52.21(b)(3), (23), and (40, or to a major stationary source; and 

(B) the calculation of whether a modification requires a minor permit under 

(c)(3) of this section, rather than whether the modification is a major 

modification; 

(4) “projected actual emissions” means the maximum annual rate, in tons per year, at 

which an existing emission unit is projected to emit a regulated NSR pollutant in any 

one of the five 12-month periods following the date the unit resumes regular 

operation after the project, or in any one of the 10 years following that date, if the 

project involves increasing the emissions unit's design capacity or the potential to 

emit that regulated NSR pollutant and full utilization of the unit would result in an 

emissions increase or a net emissions increase greater than a threshold in (c)(3) of this 

section. 

State effective: 12/3/05; EPA effective: 9/13/07 

18 AAC 50.508. MINOR PERMITS REQUESTED BY THE OWNER OR 

OPERATOR. 

An owner or operator may request a minor permit from the department for 

(1) designating an emission unit at a major stationary source as a clean unit in 

accordance with 40 C.F.R. 52.21(y); the provisions of 40 C.F.R. 52.21, adopted by 

reference in 18 AAC 50.040, apply to a clean unit designated by a permit issued 

under this chapter;
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 63 

(2) approving a project at a major stationary source for a pollution control project 

(PCP) exclusion, except for a project that may be designated as a PCP without a 

permit under 18 AAC 50.509; the provisions of 40 C.F.R. 52.21(z), adopted by 

reference in 18 AAC 50.040, apply to a PCP exclusion approved under this chapter;

(3) establishing or revising a plantwide applicability limitation (PAL) for a major 

stationary source; the provisions of 40 C.F.R. 52.21(aa), adopted by reference in 18 

AAC 50.040, apply to a PAL established or revised under this chapter; 

(4) establishing actual emission reductions from an existing stationary source if 

requested by that source’s owner or operator to offset an increase in allowable 

nonattainment air pollutant emissions at a 

(A) new major stationary source; 

(B) major modification; or 

(C) PAL major modification; 

(5) establishing an owner requested limit (ORL) for a stationary source; the owner or 

operator may avoid a permit classification under AS 46.14.130 if the department 

approves an owner requested limit on the source’s ability to emit air pollutants; a 

limitation approved under an ORL is an enforceable limitation for the purpose of 

determining 

(A) stationary source-specific allowable emissions; and 

(B) a stationary source’s potential to emit; or 

(6) revising or rescinding the terms and conditions of a Title I permit issued under 

this chapter. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.540. MINOR PERMIT: APPLICATION. 

(a) Application information. An application for a stationary source-specific minor 

permit must provide all of the information required by this section, including all 

information required by the applicable listed forms, unless the department specifies that 

the provision of one or more specific items makes the provision of additional items 

unnecessary for the department’s determination. Applications must be on department 

forms. 

(b) General information. Each application must include the information prescribed by 

the Stationary Source Identification Form, included in the department’s Minor Permit 

Application Forms, adopted by reference in 18 AAC 50.030.

(c) Minor permit for air quality protection. Except for a Port of Anchorage stationary 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 64 

source, a permit application under 18 AAC 50.502 must include 

(1) the information required in the following forms, included in the department’s 

Minor Permit Application Forms, adopted by reference in 18 AAC 50.030: 

(A) the Emission Unit Information Form; 

(B) the Emission Summary Form; and 

(2) for a permit for construction, modification, or relocation of a stationary source, a 

demonstration that the proposed potential emissions from the stationary source will 

not interfere with the attainment or maintenance of the ambient air quality standards; 

the ambient demonstration must follow an approved modeling protocol if the 

department requests a modeling protocol for demonstrating compliance with ambient 

air quality standards; unless the department has made a finding in writing that the 

stationary source or modification does not need an ambient analysis to determine that 

construction and operation will not result in a violation of an ambient air quality 

standard, the application must include an ambient analysis for 

(A) each air pollutant for which a permit is required under 

18 AAC 50.502(c)(1) or (3); 

(B) sulfur dioxide, PM-10, and nitrogen dioxide for a portable oil and gas 

operation; 

(C) sulfur dioxide for a stationary source in an sulfur dioxide special protection 

area established under 18 AAC 50.025(c); or 

(D) an air pollutant for which the department requests an analysis for a stationary 

source classified under 18 AAC 50.502(b). 

(d) Carbon monoxide source or modification. For construction that would increase 

carbon monoxide emissions by 100 TPY or more within 10 kilometers of a nonattainment 

area, an application must include a demonstration that the potential to emit carbon 

monoxide emissions from construction and operation of the stationary source or 

emissions increase from the modification will not cause or contribute to a violation of the 

ambient air quality standard for carbon monoxide. 

(e) Port of Anchorage. For a Port of Anchorage stationary source, the application must 

include the information required in the department’s Air Quality Compliance 

Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading 

Racks, adopted by reference in 18 AAC 50.030. 

(f) Clean units. An application for a minor permit making a clean unit designation must 

include a demonstration that the unit meets the criteria for a clean unit in 40 C.F.R. 

52.21(y)(3) and (4), adopted by reference in 18 AAC 50.040.
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 65 

(g) Pollution control project (PCP). An application for a minor permit approving a 

pollution control project (PCP) exclusion must include the information listed in 40 C.F.R. 

52.21(z)(3)(i) – (v), adopted by reference in 18 AAC 50.040.

(h) Plantwide applicability limitation (PAL). An application for a minor permit 

establishing or revising a plantwide applicability limitation (PAL) must include the 

information listed in 40 C.F.R. 52.21(aa)(3), adopted by reference in 18 AAC 50.040. As 

the department considers necessary to evaluate impacts on ambient air quality standards, 

the department will require the application to include a demonstration that emissions 

under the PAL will not cause or contribute to a violation of ambient air quality standards. 

(i) Offsetting emissions. An application for a minor permit for a limitation to establish 

offsetting emissions must specify the physical or operational limitations necessary to 

provide actual emission reductions of the nonattainment air pollutant; including 

(1) a calculation of the expected reduction in actual emissions; and 

(2) the emission limitation representing that quantity of emission reduction. 

(j) Owner requested limits (ORLs). An application for a minor permit establishing an 

owner requested limit (ORL) must include the information and materials required under 

18 AAC 50.225(b)(2) – (7). 

(k) Revising or rescinding permit conditions. An application for a minor permit 

revising or rescinding terms or conditions of a Title I permit must include 

(1) a copy of the Title I permit that established the permit term or condition; 

(2) an explanation of why the permit term or condition should be revised or 

rescinded; 

(3) the effect of revising or revoking the permit term or condition on emissions, other 

permit terms, and compliance monitoring; and 

(4) for a condition that allows an owner or operator to avoid a permit classification, 

the information required of an applicant for that type of permit, unless the revised 

condition would also allow the owner or operator to avoid the classification. 

State effective: 12/3/05; EPA effective: 9/13/07 

18 AAC 50.542. MINOR PERMIT: REVIEW AND ISSUANCE. 

(a) Permit issuance procedure options. The department will use either the fast-track 

procedures in (b) and (c) of this section, or the procedures in (d) of this section to issue a 

stationary source-specific minor permit. The fast-track procedures are available for a 

permit classification under 18 AAC 50.502 if the application qualifies under (b) and (c) 

of this section, unless 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 66 

(1) the stationary source is 

(A) classified under 18 AAC 50.502(c) for carbon monoxide emissions; 

(B) in a sulfur dioxide special protection area established under 

18 AAC 50.025(c); 

(C) in the Nikiski Industrial Area; or 

(D) on an offshore platform; or 

(2) a person requests a public comment period under (b)(1) of this section. 

(b) Fast-track procedures. Fast-track procedures for minor permits under 18 AAC 

50.502 are as follows: 

(1) upon receiving a complete application the department will give notice using the 

Alaska Online Public Notice System established under AS 44.62.175, by mail or 

electronic mail to persons on a list maintained by the department, including any 

person who requests to be notified, and by other means the department finds 

necessary for informing the public; if a person requests to be sent notice by postal 

mail instead of electronic mail, the department will send the notice by postal mail; in 

the notice, the department will 

(A) include a summary of the information provided by the applicant, and 

(B) give any person 15 days to request a 30-day public comment period under (d) 

of this section; if a comment period is requested, the department will make a 

preliminary decision and issue a public notice under (d) of this section; 

(2) if required by the department, the owner or operator shall apply online;

(3) for an air pollutant for which a permit is required under 18 AAC 50.502(c), or for 

an air pollutant for which the department requests an analysis for a stationary source 

classified under 18 AAC 50.502(b), the application must include a screening ambient 

air quality analysis in accordance with (c) of this section, unless the department has 

made a finding in writing that the stationary source or modification does not need an 

ambient air quality analysis to determine that construction and operation will not 

result in a violation of an ambient air quality standard; 

(4) the fast-track procedures are available only if all predicted air pollutant 

concentrations meet the compliance criteria in (c)(2) of this section; 

(5) if the approval criteria of (f) of this section are met, the department will issue the 

permit within 30 days after receiving the application. 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 67 

(c) Screening ambient air quality analysis. A screening ambient air quality analysis 

under (b)(3) of this section 

(1) must 

(A) follow a modeling protocol developed by the department or otherwise 

approved by the department that is suitable for fast-track permitting; the 

department will approve the protocol for a screening level modeling 

demonstration if it finds that the department would be able to adequately review 

the resulting modeling demonstration in the time available for fast-track 

permitting; 

(B) use a model and screening meteorological data approved by the department 

for the fast-track procedure; 

(2) is considered to show compliance with the ambient air quality standard for an air 

pollutant and averaging period if 

(A) for a new stationary source or modification, the predicted ambient air 

concentration from the stationary source, excluding offsite or background 

contributions, does not exceed 2/3 of each ambient standard for PM-10, or 80 

percent of each ambient standard for sulfur dioxide or nitrogen oxides; 

(B) for a modification, the predicted concentration resulting from the increase is 

less than the significant impact levels in Table 5 in 18 AAC 50.215(d); or 

(C) for a modification, if the owner or operator has completed a previous ambient 

analysis that adequately characterizes the stationary source as it existed before the 

modification and, the sum of the highest ambient air concentration from the 

previous analysis plus the highest predicted ambient air concentration resulting 

from the increase is less than the concentration described in (A) of this paragraph. 

(d) Procedures that include a public comment period. The department will use the 

following procedures to issue a permit under 18 AAC 50.508 or to issue a permit under 

18 AAC 50.502 for which the fast-track procedures in (b) and (c) of this section are not 

available: 

(1) no later than 30 days after an application is determined or considered to be 

complete under AS 46.14.160 or additional information is submitted in accordance 

with AS 46.14.160(c), the department will make a preliminary decision to approve or 

deny the application; the department will provide notice and opportunity for public 

comment on the department’s preliminary decision as follows: 

(A) the department will provide at least 30 days for the public to submit 

comments; 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 68 

(B) the department will give notice 

(i) using the Alaska Online Public Notice System established under AS 

44.62.175; 

(ii) by mail or electronic mail to persons on a list maintained by the 

department, including any person who requests to be notified; if a person 

requests to be sent notice by postal mail instead of electronic mail, the 

department will send the notice by postal mail; and 

(iii) by other means the department finds necessary for informing the public; 

(C) the department will make available for public inspection in at least one 

location in the affected area 

(i) the information submitted by the owner or operator; 

(ii) any department analysis on the effect on air quality; 

(iii) the reasons for the department’s preliminary approval or denial; and 

(iv) if the department proposes to approve the application, a copy of the 

proposed permit; 

(D) for a request under 18 AAC 50.508(6) to revise a construction permit issued 

under 18 AAC 50.306 – 18 AAC 50.316, the department will provide an 

opportunity for public hearing in accordance with 40 C.F.R. 51.166(q)(2)(v), 

adopted by reference in 18 AAC 50.040; and 

(E) the department will make a preliminary decision to approve the application 

only if the application includes all information required by 18 AAC 50.540, and 

the department finds that the approval criteria of (f) of this section will be met; the 

department will include in a preliminary permit any conditions necessary to 

assure compliance with this chapter; 

(2) the department will notify the applicant, and any person who commented on the 

department’s preliminary decision, of the department’s final decision to approve or 

deny the permit application; a person described in AS 46.14.200 may request an 

informal or adjudicatory hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340; 

in a notification of denial of an application, the department will include the reasons 

for denial. 

(e) Adding a minor permit to a Title V permit by administrative amendment. An 

owner or operator may add the conditions of a minor permit to a Title V permit by 

administrative amendment if 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 69 

(1) the minor permit is issued using procedures that satisfy the requirements of both 

this section and 18 AAC 50.326; and 

(2) the permit contains terms and conditions that satisfy the requirements of both 18 

AAC 50.544 and 18 AAC 50.326. 

(f) Approval criteria. The department will 

(1) deny a minor permit application for a stationary source or modification classified 

under 18 AAC 50.502 if the department finds that construction and operation will 

result in a violation of 

(A) a requirement of 18 AAC 50.045 – 18 AAC 50.090; or 

(B) an ambient air quality standard; 

(2) deny a minor permit application for carbon monoxide emissions near a 

nonattainment area if the department finds that construction and operation of the 

stationary source will cause an ambient concentration that exceeds a carbon 

monoxide concentration in Table 5 in 18 AAC 50.215 at a location that does not or 

would not meet an ambient air quality standard for carbon monoxide; 

(3) deny a minor permit for a Port of Anchorage stationary source if the department 

finds that construction and operation of that source will result in a violation of a 

requirement of 18 AAC 50.045 – 18 AAC 50.090; 

(4) approve a minor permit for designating a clean unit, if the department finds that 

the emission unit satisfies the criteria for a clean unit in 40 C.F.R. 52.21(y), adopted 

by reference in 18 AAC 50.040;

(5) approve a minor permit to use a pollution control project (PCP) exclusion, if the 

department finds that the project satisfies the criteria for a PCP in 40 C.F.R. 52.21(z), 

adopted by reference in 18 AAC 50.040;

(6) approve a minor permit for establishing or revising a PAL, if the department finds 

that the emission unit satisfies the criteria for a PAL in 40 C.F.R. 52.21(aa), adopted 

by reference in 18 AAC 50.040, and if the department required an ambient air quality 

analysis, that emissions under the PAL will not cause or contribute to a violation of 

an ambient air quality standard; 

(7) approve a minor permit for a limitation requested under 18 AAC 50.508(4) to 

establish offsetting emissions, if the department finds that permanent, actual emission 

reductions of the nonattainment air pollutant will result from the limitations proposed 

in the application; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 70 

(8) approve a minor permit establishing an owner requested limit under 

18 AAC 50.508(5), if the department finds that 

(A) the stationary source is capable of complying with the limit; and 

(B) the permit conditions are adequate for determining continuous compliance 

with the limit; and 

(9) approve a request under 18 AAC 50.508(6) to revise or rescind a Title I permit 

term or condition, if the department finds that the permit will still require the owner 

or operator to comply with all applicable requirements of this chapter. 

(g) Duration. A minor permit issued under this section remains in effect until changed 

by another Title I permit or by an action by the department under AS 46.14.280, except 

(1) as provided in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040, for a 

clean unit, pollution control project, or plantwide applicability limitation; and 

(2) that an owner requested limit that avoids only a Title V permit remains in effect 

until the owner or operator requests in writing to revise or revoke the limit and, if the 

new limit no longer avoids the requirement for a Title V permit, obtains that permit. 

State effective: 12/1/04; EPA effective: 9/13/07 

18 AAC 50.544. MINOR PERMITS: CONTENT. 

(a) In each minor permit issued under 18 AAC 50.542, the department will 

(1) identify the stationary source, the project, the permittee, and contact information; 

(2) include the requirement to pay fees in accordance with 18 AAC 50.400 – 

18 AAC 50.499; 

(3) include any conditions established under 18 AAC 50.201; and 

(4) include the requirements of an owner requested limit under 18 AAC 50.225 that 

applies to the stationary source. 

(b) In each minor permit under 18 AAC 50.502(b), the department will include 

(1) terms and conditions as necessary to ensure that the proposed stationary source or 

modification will meet the requirements of AS 46.14 and this chapter, including terms 

and conditions under AS 46.14.180 for 

(A) installation, use, and maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed by the department 

and at locations and intervals, and by procedures specified by the department; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 71 

(C) providing source test reports, monitoring data, emissions data, and 

information from analyses of any test samples; 

(D) keeping records; and 

(E) making periodic reports on process operations and emissions; 

(2) a permit condition requiring the owner or operator to 

(A) perform regular maintenance considering the manufacturer’s or the 

operator’s maintenance procedures; 

(B) keep records of any maintenance that would have a significant effect on 

emissions; the records may be kept in an electronic format; and 

(C) keep a copy of either the manufacturer’s or the operator’s maintenance 

procedures. 

(c) In each minor permit under 18 AAC 50.502(c), the department will include terms and 

conditions 

(1) as necessary to ensure that the proposed stationary source or modification will not 

cause or contribute to a violation of any ambient air quality standard or the standards 

of 18 AAC 50.110, or to impose a limit under 18 AAC 50.201, including terms and 

conditions under AS 46.14.180 for 

(A) installation, use, and maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed by the department 

and at locations and intervals, and by procedures specified by the department; 

(C) providing source test reports, monitoring data, emissions data, and 

information from analyses of any test samples; 

(D) keeping records; and 

(E) making periodic reports on process operations and emissions; 

(2) performance tests for emission limits under 18 AAC 50.050 – 

18 AAC 50.090; and 

(3) maintenance of equipment according to the manufacturer’s or operator’s 

maintenance procedures. 

(d) For each stationary source that is not subject to Title V permitting under 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 72 

18 AAC 50.326, the department will include in the minor permit the requirement for a 

periodic affirmation, in accordance with 18 AAC 50.205, of whether the stationary 

source is still accurately described by the application and minor permit, and whether the 

owner or operator has made changes that would trigger the requirement for a new permit 

under this chapter. In the minor permit, the department will set out a time period between 

required affirmations as appropriate to the stationary source regulated by the minor 

permit. 

(e) In a minor permit that approves a pollution control project exclusion in accordance 

with 40 C.F.R. 52.21(z), adopted by reference in 18 AAC 50.040, the department will 

include the requirements listed in 40 C.F.R. 52.21(z)(6). 

(f) In a minor permit that establishes or revises a plantwide applicability limitation 

(PAL), the department will include 

(1) the contents listed in 40 C.F.R. 52.21(aa)(7), adopted by reference in 

18 AAC 50.040; and 

(2) conditions as the department considers necessary to prevent emissions under the 

PAL from causing or contributing to a violation of an ambient air quality standard. 

(g) In each minor permit under 18 AAC 50.508(4) to establish offsetting emissions, the 

department will include terms and conditions to ensure that the stationary source will 

meet the criteria in 18 AAC 50.542(f)(7), including terms and conditions imposed under 

AS 46.14.180 for 

(A) installation, use, and maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed by the department 

and at locations, intervals, and by procedures specified by the department; 

(C) providing source test reports, monitoring data, emissions data, and 

information from analyses of any test samples; 

(D) keeping records; and 

(E) making periodic reports on process operations and emissions. 

(h) A minor permit establishing an owner requested limit (ORL) under 

18 AAC 50.508(5) consists of a letter of approval from the department. In the letter of 

approval, the department will 

(1) describe the terms and conditions of the approval, including the limits, specific 

testing, monitoring, recordkeeping, and reporting requirements; 

(2) list all equipment covered by the approval; 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 73 

(3) describe the permit that the limit allows the owner or operator to avoid; and 

(4) set out the statement “I understand and agree to the terms and conditions of this 

approval” followed by a space for the owner’s or operator’s signature; the ORL 

becomes effective on the date of the signature. 

(i) In each minor permit under 18 AAC 50.508(6) that revises or rescinds terms or 

conditions of a Title I permit, the department will include terms and conditions as 

necessary to ensure that the permittee will construct and operate the proposed stationary 

source or modification in accordance with this chapter. If the limit 

(1) made it possible for the owner or operator to avoid any preconstruction review 

under this chapter, the limit remains in effect until the owner or operator obtains 

(A) a new construction permit or minor permit under this chapter as if the limit 

had never existed; or 

(B) under this section or under 18 AAC 50.508, a new limit that allows the owner 

or operator to continue to avoid preconstruction review; or 

(2) made it possible to avoid a Title V permit, the limit remains in effect until the 

owner or operator obtains 

(A) a new Title V permit under this chapter as if the limit had never existed; or 

(B) under this section or under a permit classified in 18 AAC 50.508, a new limit 

that allows the owner or operator to continue to avoid the need for the permit. 

State effective: 1/29/05; EPA effective: 9/13/07 

18 AAC 50.546. MINOR PERMITS: REVISIONS. 

(a) The department will use the procedures of 18 AAC 50.540 – 18 AAC 50.544 to 

revise a minor permit, either at the request of the permittee, in accordance with AS 

46.14.280. 

(b) Notwithstanding (a) of this section, the department may revise non-substantive 

elements of a minor permit without further administrative procedures. State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.560. GENERAL MINOR PERMITS. 

(a) Criteria. The department may issue a general minor permit to allow construction or 

operation of stationary sources or emission units that 

(1) require a minor permit; 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 74 

(2) involve the same or similar types of operation; 

(3) involve the same type of emissions; and 

(4) are subject to similar air quality control requirements. 

(b) General minor permit issuance procedures. To issue a general minor permit, the 

department will provide notice and opportunity for public comment on the department’s 

proposed permit by 

(1) posting a public notice on the Alaska Online Public Notice System established 

under AS 44.62.175; 

(2) sending a copy of the notice by mail or electronic mail to persons on a list 

maintained by the department, including any person who has requested to be notified; 

if a person requests to be sent notice by postal mail instead of electronic mail, the 

department will send the notice by postal mail; 

(3) distributing the notice using other means the department finds necessary for 

informing the public; 

(4) allowing the public at least 30 days to submit comments; and 

(5) making available for public inspection in the affected area 

(A) a description of the stationary sources that would qualify under the general 

minor permit; 

(B) the results of any department analysis on the effect on air quality; 

(C) the reasons for the department’s proposed action; 

(D) a copy of the proposed permit and of the proposed application or notification 

form; 

(E) a description of how interested persons may comment on the proposed 

general minor permit, including the period during which the department will 

accept public comments; and 

(F) the time and place of any public hearing; the department will schedule any 

public hearing no sooner than 30 days after the date the first notice was published. 

(c) Application or notification forms. The department will issue an application or 

notification form with each general minor permit. This may include an online or 

electronic form. The forms will identify the information that an applicant must provide 

to operate under the general minor permit, including 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 75 

(1) information identifying the stationary source and location of the stationary 

source, and contact information; as necessary to show that the stationary source meets 

the qualifying criteria or a term or condition of the general minor permit, the 

department will require that location information required under this subsection or 

under (d) – (g) of this section include a map and scale drawing; 

(2) any information that is necessary to determine that the stationary source qualifies 

for the general minor permit; 

(3) identification of all equipment to be operated under the general minor permit; and 

(4) a certification by the applicant that the stationary source is capable of complying 

with all permit requirements. 

(d) Applying to construct or operate under a general minor permit. To construct or 

operate under a general minor permit, the owner or operator must submit the appropriate 

completed application or notification form for the specific stationary source type. In a 

general minor permit, the department will specify whether the applicant must submit a 

complete notification form and operate in compliance with the general minor permit, or 

whether the applicant must also obtain department approval under (e) of this section to 

operate under the general minor permit. If the general minor permit requires that the 

applicant get approval, the department will notify the owner or operator within 30 days 

after receipt of the application that 

(1) the application is complete; 

(2) additional information is necessary to make the application complete; or 

(3) the stationary source does not qualify for the general permit. 

(e) Approval to construct or operate under a general minor permit. Approval to 

construct or operate under the general minor permit is granted when the department finds 

the application complete. If the general minor permit does not require department 

approval, and if the stationary source meets all of the qualifying criteria and operates in 

compliance with the general minor permit, the owner or operator may construct or 

operate under the permit immediately after the department receives a completed 

notification form. The general minor permit authorizes construction or operation only for 

(1) equipment identified in the application or notification; and 

(2) a location identified under (c), (f), or (g) of this section. 

(f) General minor permit content. In a general permit the department will set out 

(1) criteria that must be met in order for a stationary source to qualify under the 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 76 

general minor permit; 

(2) a requirement to notify the department of the physical location of the stationary 

source before commencing construction or operation under the general minor permit, 

if the location is not provided in the application or notification; 

(3) requirements in accordance with 18 AAC 50.544; 

(4) for portable stationary sources, a notification form and procedures for a change in 

location; and 

(5) any other terms and conditions that are necessary to assure that the stationary 

source continues to meet the qualifying criteria of the general minor permit. 

(g) Relocation. A portable stationary source is authorized to operate under a general 

minor permit at additional locations not identified in the permit application or notification 

if the 

(1) permittee notifies the department by submitting a completed change of location 

form following the procedures specified in the permit; and 

(2) stationary source will continue to meet all of the permit’s qualifying criteria at 

each location. 

State effective: 10/1/04; EPA effective: 9/13/07 

Article 7. Conformity. 

18 AAC 50.700. PURPOSE OF 18 AAC 50.700 – 18 AAC 50.785. 

The purpose of 18 AAC 50.700 - 18 AAC 50.735 is to ensure that a transportation plan, 

program project, or federal action within a nonattainment or maintenance area, will not 

hinder attainment of the national ambient air quality standards in that area if 

(1) the plan, program, project, or action is federally-funded or federally-approved; or 

(2) the project is nonfederally funded but is a regionally significant project that is 

funded, adopted, or approved by a current or prior recipient of funds under 23 U.S.C. 

or 49 U.S.C. 53 (Federal Transit Act). 

State effective: 9/4/98; EPA effective: 2/28/00

18 AAC 50.705. COVERAGE OF 18 AAC 50.710 - 18 AAC 50.735: 

OBLIGATIONS OF RESPONSIBLE AGENCY 

 

(a) The requirements of 18 AAC 50.710 – 18 AAC 50.720 apply to 

(1) a transportation plan, program, or project within a nonattainment or maintenance 

area that is funded by, or requires approval under, 23 U.S.C. or 49 U.S.C. 5301 – 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 77 

5338; or 

(2) a project that is nonfederally funded, but that is a regionally significant project 

funded, adopted, or approved by a current or prior recipient of funds designated under 

23 U.S.C. or 49 U.S.C. 53 (the Federal Transit Act). 

(b) The requirements of 18 AAC 50.725 - 18 AAC 50.735 apply to all federally-funded 

or approved actions within a nonattainment or maintenance area not described in (a) of 

this section. 

(c) It is the obligation of the responsible agency to meet the applicable requirements of 

18 AAC 50.700 - 18 AAC 50.735. For purposes of 

(1) transportation conformity under 18 AAC 50.710 – 18 AAC 50.720, “responsible 

agency” means the agency that 

(A) receives or manages the federal money for the transportation plan, program, 

or project referred to in (a) of this section; 

(B) develops the transportation plan, program, or project referred to in (a) of this 

section; or 

(C) funds, adopts, or approves a nonfederal, regionally significant project and is a 

current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 53; 

(2) general conformity under 18 AAC 50.725 – 18 AAC 50.735, “responsible 

agency” means the federal agency that is responsible for the funding or for approval 

of the action referred to in (b) of this section.

State effective: 9/4/98; EPA effective: 2/28/00

18 AAC 50.710. TRANSPORTATION CONFORMITY: INCORPORATION BY 

REFERENCE OF FEDERAL REGULATIONS. 

An agency subject to 40 C.F.R. 93 shall comply with the following federal regulations, as 

amended through August 15, 1997, adopted by reference: 

(1) 40 C.F.R. 93.100 (Purpose); 

(2) 40 C.F.R. 93.101 (Definitions); 

(3) 40 C.F.R. 93.102 (Applicability); except (c) & (d) 

(4) 40 C.F.R. 93.103 (Priority); 

(5) 40 C.F.R. 93.104 (Frequency of conformity determinations); except (d)& (e)(2)

(6) 40 C.F.R. 93.106 (Content of transportation plans); 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 78 

(7) 40 C.F.R. 93.107 (Relationship of transportation plan and TIP conformity with 

the NEPA process); 

(8) 40 C.F.R. 93.108 (Fiscal constraints for transportation plans and TIPs); 

(9) 40 C.F.R. 93.109 (Criteria and procedures for determining conformity of 

transportation plans, programs, and projects: General); except (c)-(f)

(10) 40 C.F.R. 93.110 (Criteria and procedures: Latest planning assumptions); 

(11) 40 C.F.R. 93.111 (Criteria and procedures: Latest emission model); 

(12) 40 C.F.R. 93.112 (Criteria and procedures: Consultation); 

(13) 40 C.F.R. 93.113 (Criteria and procedures: Timely implementation of TCMs); 

(14) 40 C.F.R. 93.114 (Criteria and procedures: Currently conforming transportation 

plan and TIP); 

(15) 40 C.F.R. 93.115 (Criteria and procedures: Projects from a plan and TIP); 

(16) 40 C.F.R. 93.116 (Criteria and procedures: Localized CO and PM-10 violations 

(hot spots); 

(17) 40 C.F.R. 93.117 (Criteria and procedures: Compliance with PM-10 control 

measures); 

(18) 40 C.F.R. 93.118 (Criteria and procedures: Motor vehicle emissions budget); 

except for (e)

(19) 40 C.F.R. 93.119 (Criteria and procedures: Emission reductions in areas 

without motor vehicle emissions budgets); except (f)(3)

(20) 40 C.F.R. 93.120 (Consequences of control strategy implementation plan 

failures);except (a)(2)

(21) 40 C.F.R. 93.121 (Requirements for adoption or approval of projects by other 

recipients of funds designated under 23 U.S.C. or 49 U.S.C. 53 (the Federal Transit 

Act)); except (a)(1) & (b)

(22) 40 C.F.R. 93.122 (Procedures for determining regional transportation-related 

emissions); 

(23) 40 C.F.R. 93.123 (Procedures for determining localized CO and PM-10 

concentrations (hotspot analysis)); 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 79 

(24) 40 C.F.R. 93.124 (Using the motor vehicle emissions budget in the applicable 

implementation plan (or implementation plan submission)); except (b)

(25) 40 C.F.R. 93.125 (Enforceability of design concept and scope and project-level 

mitigation and control measures); 

(26) 40 C.F.R. 93.126 (Exempt projects); 

(27) 40 C.F.R. 93.127 (Projects exempt from regional emissions analyses); and 

(28) 40 C.F.R. 93.128 (Traffic signal synchronization projects). 

Editor’s note - The regulations of the Federal Highway Administration and the Federal 

Transit Authority concerning fiscal constraint referred to by paragraph (8) may be found 

at 23 C.F.R. 450.216(a)(5), 23 C.F.R. 450.322(b)(11) and 23 C.F.R. 450.324(e). 

State effective: 9/4/98; EPA effective: 2/28/00

18 AAC 50.715. TRANSPORTATION CONFORMITY: INTERAGENCY 

CONSULTATION PROCEDURES. 

(a) Before issuing a final conformity determination under 18 AAC 50.700 - 18 AAC 

50.720, the responsible agency described in 18 AAC 50.705(c)(1), shall 

(1) contact the office of the local governing body to determine if that office is aware 

of any plans for construction of a regionally significant project that is not funded 

under 23 U.S.C. (Highways) or 49 U.S.C. 5301 - 5338, including any project for 

which alternative locations, design concept and scope, or the no-build option are still 

being considered; 

(2) prepare a preliminary interagency discussion draft, a public review draft, and a 

final draft of the conformity determination through the interagency consultation 

process described in (b) - (g) of this section with staff of 

(A) the department; 

(B) the local air quality planning agency; 

(C) the Alaska Department of Transportation and Public Facilities; 

(D) the local transportation agency; 

(E) any agency created under state law that sponsors or approves transportation 

projects; 

(F) the United States Environmental Protection Agency; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 80 

(G) the Federal Highway Administration; 

(H) the Federal Transit Administration; and 

(3) hold a public hearing or meeting in accordance with procedures established under 

18 AAC 50.720 to provide the public with an opportunity to consider the public 

review draft of the conformity determination. 

(b) A staff member of the responsible agency shall 

(1) consult with staff of the agencies listed in (a)(2) of this section to prepare a 

preliminary interagency discussion draft of the conformity determination, including 

necessary supporting information; 

(2) ensure that all documents and information relevant to the preliminary interagency 

discussion draft are available to staff from the participating agencies; and 

(3) consider the comments of staff from participating agencies and respond in writing 

to those comments in a timely, substantive manner before making a final decision on 

the preliminary interagency discussion draft; written agency comments and written 

responses must be included in the record of any conformity decision or action. 

(c) In preparing the preliminary interagency discussion draft, a staff member of the 

responsible agency shall consult with the staff of the agencies listed in (a)(2) of this 

section to 

(1) evaluate and choose a traffic demand and regional emissions model, and 

associated methods and assumptions to be used in a hot-spot analysis or a regional 

emissions analysis; 

(2) determine which minor arterials and other projects should be considered 

regionally significant for purposes of a regional emissions analysis, in addition to 

those regionally significant projects as defined in 40 CFR 93.101, adopted by 

reference in 18 AAC 50.710; 

(3) discuss whether a project that is otherwise exempt from the requirements of 18 

AAC 50.700 - 18 AAC 50.720 under 40 C.F.R. 93.126 and 40 C.F.R. 93.127, adopted 

by reference in 18 AAC 50.710, should be treated as nonexempt if potential regional 

emissions impacts or other adverse emissions impacts might exist for any reason; 

(4) determine, as required by 40 C.F.R. 93.113(c)(1), adopted by reference in 18 

AAC 50.710, whether past obstacles to implementation of a transportation control 

measure (TCM) defined in 40 C.F.R. 93.101, adopted by reference in 18 AAC 

50.710, that is behind the schedule established in the state implementation plan have 

been identified and are being overcome, and whether state and local agencies with 

influence over approvals or funding for TCMs are giving maximum priority to 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 81 

approval or funding for TCMs; the interagency consultation process must also 

consider whether delays in TCM implementation necessitate a revision to the state 

implementation plan to remove or to substitute a TCM or other emission reduction 

measures; 

(5) determine, as required by 40 C.F.R. 93.121, adopted by reference in 18 AAC 

50.710, 

(A) that a regionally significant project 

(i) is included in a regional emissions analysis supporting the currently 

conforming TIP's conformity determination, even if the project is not included 

in the TIP for the purposes of project selection or endorsement; and 

(ii) design concept and scope have not changed significantly from those 

included in the transportation plan, TIP, or regional emissions analysis; or 

(B) that, based on the requirements for a project that is not from a conforming 

transportation plan and TIP, as specified in 40 C.F.R. 93.118 and 40 C.F.R. 

93.119, adopted by reference in 18 AAC 50.710, 

(i) there is a currently conforming transportation plan and TIP, and a new 

regional emissions analysis that includes the regionally significant project; 

and 

(ii) the currently conforming transportation plan and TIP will still conform if 

the regionally significant project is implemented; 

(6) identify, as required by 40 C.F.R. 93.123(b), adopted by reference in 18 AAC 

50.710, projects located at sites within a PM-10 nonattainment area identified in 18 

AAC 50.015(b)(2) that have vehicle and roadway emission and dispersion 

characteristics essentially identical to those at sites that have air quality violations 

verified by monitoring, and that, therefore, require a quantitative PM-10 hot-spot 

analysis; and 

(7) notify staff of participating agencies of any revision or amendment to a 

transportation plan or TIP that merely adds or deletes an exempt project listed in 40 

C.F.R. 93.126, adopted by reference in 18 AAC 50.710. 

(d) In addition to the consultation described in (c) of this section, a staff member of the 

responsible agency shall consult with staff of the state and local agencies listed in (a)(2) 

of this section to 

(1) evaluate events that will trigger new conformity determinations in addition to 

those triggering events established in 40 C.F.R. 93.104, adopted by reference in 18 

AAC 50.710; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 82 

(2) consider an emissions analysis for transportation activities that extend beyond the 

boundaries of a local governing body, nonattainment area, or air basin; and 

(3) determine the design, schedule, and funding of research and data collection 

efforts and regional transportation model development by the local governing body, 

such as household or travel transportation surveys. 

(e) If the metropolitan planning area does not include the entire nonattainment or 

maintenance area, the interagency consultation must include staff of the local governing 

body and the Alaska Department of Transportation and Public Facilities to determine 

conformity of all projects outside the metropolitan planning area and within the 

nonattainment or maintenance area. 

(f) After completing the interagency consultation process, the responsible agency shall 

prepare the public review draft of the conformity determination, based on changes made 

to the preliminary draft during the consultation process, and shall make the public review 

draft available for public review and comment as required in 18 AAC 50.720. 

(g) After opportunity for public review and comment on the public review draft of the 

conformity determination, the responsible agency shall 

(1) prepare a final draft of the conformity determination in consultation with staff of 

the participating agencies; and 

(2) after the consultation described in (1) of this subsection, issue the final 

conformity determination to the agencies listed in (a)(2) of this section and provide 

the supporting information upon request. 

(h) The department will refer to the governor for resolution any conflict between state 

agencies or between state and local agencies that cannot be resolved by the heads of the 

involved agencies. The department will make the referral to the governor within 14 

calendar days after notification or a determination that the conflict cannot be resolved. A 

conformity determination that is the subject of a conflict resolution under this subsection 

must have the governor's concurrence to be considered final. The department will 

provide the participating agencies with a copy of its referral to the governor. The 

governor may delegate the role of resolving a conflict under this subsection and deciding 

whether to concur in the conformity determination to a state official or agency other than 

the department, the Alaska Department of Transportation and Public Facilities, or a state 

transportation board or commission. 

State effective: 9/4/98; EPA effective: 2/28/00

18 AAC 50.720. TRANSPORTATION CONFORMITY: PUBLIC 

INVOLVEMENT. 

 

(a) The responsible agency referred to in 18 AAC 50.705(c) shall establish a public 

involvement process to provide opportunity for public review and comment on the public 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 83 

review draft of the conformity determination before the agency issues a final conformity 

determination. The public involvement process must be consistent with the requirements 

of 23 C.F.R. 450.316(b)(1), 23 C.F.R. 450.322(c), and 23 C.F.R. 450.324(c), as amended 

through April 1, 1997. 

 

(b) The responsible agency shall 

 

(1) subject to (d) of this section, hold a public hearing or meeting to receive 

comments on the public review draft of the conformity determination; 

(2) consider all comments received and prepare a written summary analysis of 

significant comments; and 

(3) specifically address in the summary analysis all public comments concerning 

known plans for a regionally significant project that may not have been properly 

reflected in the emissions analysis used to support a proposed conformity finding for 

a transportation plan or TIP, regardless of whether the regionally significant project is 

receiving federal funding or approval. 

 

(c) Opportunity for public involvement under this section must include access to 

information, emissions data, analyses, models, and modeling assumptions used to 

perform a conformity determination. 

(d) If a project for which the provisions of (a) – (c) of this section apply is also subject to 

a public involvement process under 42 U.S.C. 4321 - 4370b (National Environmental 

Policy Act), compliance with the public involvement process under that law constitutes 

compliance with (a) – (c) of this section. 

State effective: 9/4/98; EPA effective: 2/28/00

18 AAC 50.725. GENERAL CONFORMITY: INCORPORATION BY 

REFERENCE OF FEDERAL REGULATIONS. 

In addition to the other requirements of 18 AAC 50.725 - 18 AAC 50.735, a federal 

agency described in 40 C.F.R. 51.853(b) - (j), as amended through December 1, 1994, 

shall comply with the following federal regulations, as amended through December 1, 

1994, which are incorporated by reference in this chapter: 

(1) 40 C.F.R. 51.850 (Prohibition); 

(2) 40 C.F.R. 51.852 (Definitions); 

(3) 40 C.F.R. 51.853(b) - (j) (Applicability); 

(4) 40 C.F.R. 51.854 (Conformity analysis); 

(5) 40 C.F.R. 51.855 (Reporting requirements); 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 84 

(6) 40 C.F.R. 51.856 (Public participation); 

(7) 40 C.F.R. 51.858 (Criteria for determining conformity of general federal actions); 

and 

(8) 40 C.F.R. 51.859 (Procedures for conformity determinations of general federal 

actions). 

State effective: 1/4/95; EPA effective: 11/27/95

18 AAC 50.730. GENERAL CONFORMITY: MITIGATION OF AIR QUALITY 

IMPACTS 

(a) The federal agency referred to in 18 AAC 50.725 shall identify in writing 

(1) any measure intended to mitigate or offset the air quality impact of the federal 

action; 

(2) the estimated emission reduction available from an identified mitigation measure; 

and 

(3) the process for implementing a mitigation measure including, as applicable, 

(A) a description of the funding source for the mitigation measure; 

(B) an implementation schedule with due dates for implementing the mitigation 

measure; and 

(C) the process for tracking emission reductions from a mitigation measure. 

(b) If a mitigation measure involves a separate person or agency, the federal agency 

making the conformity determination shall, before determining that the proposed federal 

action is in conformity, obtain a written commitment from the person or agency 

responsible for implementing the mitigation measure. The written commitment must 

identify the mitigation measure in a manner consistent with (a) of this section and 

describe the nature of the commitment. A person or agency committing to a mitigation 

measure under this subsection shall comply with the written obligations stated in the 

commitment. 

(c) If a mitigation measure is included as part of a license, permit, or similar 

authorization issued by the federal agency, the federal agency shall require the person or 

agency issued the license, permit, or authorization to fully implement the mitigation 

measure as a condition for continued approval of the license, permit, or authorization. 

(d) A federal agency may modify a mitigation measure if that agency 

(1) concludes that the proposed modification supports the conformity determination, 

using the procedures and criteria set out in 40 C.F.R. 51.858 and 40 C.F.R. 859, 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 85 

adopted by reference in 18 AAC 50.725; 

(2) issues a public notice of the proposed modification, using the public participation 

procedures set out in 40 C.F.R. 51.856, adopted by reference in 18 AAC 50.725; and 

(3) reports the modification in accordance with 40 C.F.R. 51.855, adopted by 

reference in 18 AAC 50.725. 

State effective: 1/4/95; EPA effective: 11/27/95

18 AAC 50.735. GENERAL CONFORMITY: FREQUENCY OF CONFORMITY

DETERMINATIONS. 

 

(a) The conformity status of a federal action lapses five years after the date that a final 

conformity determination is reported to the department unless 

(1) the federal action is completed before five years has elapsed; or 

(2) the federal agency has commenced a continuous program to implement the action 

within a reasonable time. 

(b) An ongoing federal action showing continuous progress is not considered a new 

action and does not require a periodic redetermination required by this section if the 

emissions associated with the activity are within the scope of the final conformity 

determination reported in accordance with 40 C.F.R. 51.855, adopted by reference in 18 

AAC 50.725. 

(c) If, after the final conformity determination is made, the federal action is changed so 

that there is an increase in the total of direct or indirect emissions above the levels set in 

40 C.F.R. 51.853(b), adopted by reference in 18 AAC 50.725, the federal agency shall 

make a new conformity determination in accordance with 40 C.F.R. 51.854, adopted by 

reference in 18 AAC 50.725. 

State effective: 1/4/95; EPA effective: 11/27/95

Article 9. General Provisions 

18 AAC 50.900. SMALL BUSINESS ASSISTANCE PROGRAM. 

(a) The purpose of the small business assistance program established under AS 

46.14.300 is to help small businesses in the state comply with state and federal air quality 

laws. The department’s The Alaska Small Business Assistance Program, adopted by 

reference in 18 AAC 50.030, describes the small business assistance program. 

(b) Subject to AS 46.14.300(c) and 46.14.310, only the owner or operator of a "small 

business facility," as that term is defined in AS 46.14.990, is eligible to receive the 

services of the small business assistance program. 

(c) The owner or operator of an eligible small business facility may request a change to a 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 86 

requirement under this chapter that 

(1) is a work practice or technological method of compliance; or 

(2) sets a schedule of milestones preceding a date for implementing a work practice 

or technological method of compliance. 

(d) A change described in (c) of this section may be requested as follows: 

(1) if the requested change requires an amendment of a provision of this chapter, the 

request must be submitted under AS 44.62.220 and must include 

(A) a description of the provision of this chapter to be amended: 

(B) a description of the proposed amendment to be adopted; and 

(C) an explanation of the need for the proposed change and how the change can 

adequately substitute for or replace the requirement to be changed; or 

(2) if the requested change requires a revision to a permit term or condition that is 

not expressly required by this chapter, the request may be submitted as an application 

for a minor or significant permit modification under 40 C.F.R. 71.7(e), adopted by 

reference in 18 AAC 50.040, and subject to 18 AAC 50.326. 

(e) The department will schedule a proposed amendment to this chapter submitted under 

(d)(1) of this section for public hearing as provided in AS 44.62.230 if the change would 

not cause a violation of 

(1) the Clean Air Act; 

(2) a federally-enforceable requirement; or 

(3) state law. 

Editor's note: More information on the services provided by the small business 

assistance program referred to in this section, including details on determining eligibility, 

may be obtained from the department's small business advocate, 410 Willoughby 

Avenue, Juneau, Alaska 99801-1795, (907) 465-5100. A copy of the program 

description as it appears in the state air quality control plan, adopted by reference in 18 

AAC 50.030, is available from the department's central and regional offices. A copy of 

the state air quality control plan may be viewed at any department office or at the Office 

of the Lieutenant Governor. 

State effective: 10/1/04; EPA effective: 9/13/07 

18 AAC 50.990. DEFINITIONS. 

In this chapter 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 87 

(1) "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21), adopted by 

reference in 18 AAC 50.040; 

(2) “administrator” means the administrator of the United States Environmental 

Protection Agency, except as otherwise provided in 18 AAC 50.306 – 18 AAC 

50.326; 

(3) "air pollutant" has the meaning given in AS 46.14.990; 

(4) "air curtain incinerator" means a device in which large amounts of combustible 

materials are burned in a rectangular containment equipped with an overfire air 

system; 

(5) "air pollution" has the meaning given in AS 46.03.900; 

(6) "air pollution control equipment" means equipment or a portion of equipment 

designed to reduce the emissions of an air pollutant to the ambient air; 

(7) "air quality control requirement" means any obligation created by AS 46.14, this 

chapter, or a term or condition of a preconstruction permit issued by the department 

before January 18, 1997; 

(8) "allowable emissions" has the meaning given in 40 C.F.R. 52.21(b), except that 

for the purposes of establishing or revising a plantwide applicability limitation (PAL) 

under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, 

(A) “allowable emissions” means the emissions rate of an emission unit 

calculated considering any emission limitation that is enforceable as a practical 

matter on the emission unit’s potential to emit; and 

(B) in the definition of “potential to emit” in 40 C.F.R. 51.166(b), the words “or 

enforceable as a practical matter” are added after “federally enforceable”, as 

provided in 40 C.F.R. 51.166(w)(2)(ii)(b); 

(9) "ambient air" has the meaning given in AS 46.14.990; 

(10) "ambient air quality standards" has the meaning given in AS 46.14.990; 

(11) "approved" means approved by the department; 

(12) "asphalt plant" means a stationary source that manufactures asphalt concrete by 

heating and drying aggregate and mixing asphalt cements; “asphalt plant” includes 

any combination of dryers, systems for screening, handling, storing, and weighing 

dried aggregate, systems for loading, transferring, and storing mineral filler, systems 

for mixing, transferring, and storing asphalt concrete, and emission control systems 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 88 

within the stationary source; 

(13) "assessable emission" has the meaning given in AS 46.14.250(h)(1); 

(14) “begin actual construction” has the meaning given in 40 C.F.R. 52.21(b)(11), 

adopted by reference in 18 AAC 50.040; 

(15) "black smoke" means smoke having the color of emissions produced by the 

incomplete combustion of toluene in the double wall combustion chamber of a smoke 

generator; 

(16) "Btu" means British thermal unit; 

(17) “building, structure, facility, or installation” has the meaning given in 

AS 46.14.990; 

(18) “casting off” means the first release of a line securing a vessel to shore as part of 

the process of leaving berth; 

(19) “Class I area,” “Class II area,” and “Class III area” mean an area designated in 

18 AAC 50.015, Table 1, as Class I, Class II, or Class III respectively; 

(20) "Clean Air Act" means 42 U.S.C. 7401 - 7671q, as amended through November 

15, 1990; 

(21) “clean unit” has the meaning given in 40 C.F.R. 52.21(b)(42), adopted by 

reference in 18 AAC 50.040;

(22) "coal preparation plant" means a stationary source that prepares coal by 

breaking, crushing, screening, wet or dry cleaning, or thermal drying, and that 

processes more than 200 tons per day of coal; “coal preparation plant” includes any 

combination of thermal dryers, pneumatic coal-cleaning equipment, coal processing 

and conveying equipment, breakers and crushers, coal storage systems, and coal 

transfer systems within the stationary source; 

(23) "commissioner" means the commissioner of environmental conservation; 

(24) "conservation vent" means a vent containing a pressure-vacuum valve designed 

to minimize emissions of vapors from a storage tank due to changes in temperature 

and pressure; 

(25) "construct" or "construction" has the meaning given to “construction” in AS 

46.14.990; 

(26) "construction permit" has the meaning given in AS 46.14.990; 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 89 

(27) "delivery tank" means the tank portion of a tank truck, tank trailer, or rail tank 

car; “delivery tank” does not include a tank of less than 2,500 gallons used to test or 

certify metering devices; 

(28) "department" means the Department of Environmental Conservation; 

(29) "emission" has the meaning given in AS 46.14.990; 

(30) "emission limitation" has the meaning given in AS 46.14.990; 

(31) "emission standard" has the meaning given in AS 46.14.990; 

(32) “emission unit” has the meaning given in AS 46.14.990; 

(33) "EPA" means the United States Environmental Protection Agency; 

(34) "excess emissions" means emissions of an air pollutant in excess of any 

applicable emission standard or limitation; 

(35) "expected annual arithmetic mean" as that term is used in 

18 AAC 50.010(1)(A), has the meaning given in 40 C.F.R. Part 50, Appendix K, sec. 

2.2, adopted by reference in 18 AAC 50.035; 

(36) “expected number” as that term is used in 

(A) 18 AAC 50.010(1)(B), has the meaning given in 40 C.F.R. Part 50, Appendix 

K, sec. 2.1, adopted by reference in 18 AAC 50.035; and 

(B) 18 AAC 50.010(4), has the meaning given in 40 C.F.R. Part 50, Appendix H, 

adopted by reference in 18 AAC 50.035; 

(37) "federal administrator" has the meaning given in AS 46.14.990 and includes the 

federal administrator’s designee; 

(38) "fire service" means a 

(A) fire department registered with the state fire marshal under 13 AAC 52.030; 

and 

(B) wildland fire suppression organization within the Department of Natural 

Resources, United States Forest Service, or United States Bureau of Land 

Management/Alaska Fire Service; 

(39) "fuel-burning equipment" means a combustion device capable of emission; 

“fuel-burning equipment” includes flares; “fuel-burning equipment” does not include 

mobile internal combustion engines, incinerators, marine vessels, wood-fired heating 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 90 

devices, or backyard barbecues; 

(40) "fugitive emissions" has the meaning given in AS 46.14.990; 

(41) "gasoline distribution facility" means a stationary source that stores fuel 

including gasoline and that transfers gasoline from storage tanks to delivery tanks; 

(42) "good engineering practice stack height" 

(A) for stack heights exceeding 213 feet, has the meaning given in 40 C.F.R. 

51.100(ii), as revised as of July 1, 2003 and adopted by reference; or 

(B) for all other stack heights, means the actual physical height of the stack; 

(43) “grate cleaning” means removing ash from fireboxes; 

(44) "hazardous air pollutant" has the meaning given in AS 46.14.990; 

(45) “hazardous air pollutant major source” has the meaning given for the term 

“major source” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040; 

(46) "hazardous waste" means a waste within the scope of 18 AAC 62.020; 

(47) "impairment of visibility" means a humanly perceptible change in visibility such 

as visual range, contrast, or coloration, from that which would exist under natural 

conditions; 

(48) "incinerator" means a device used for the thermal oxidation of garbage or other 

wastes, other than a wood-fired heating device, including an air curtain incinerator 

burning waste other than clean lumber, wood wastes, or yard wastes; 

(49) "industrial process" means the extraction of raw material or the physical or 

chemical transformation of raw material in either composition or character; 

(50) "lowest achievable emission rate" or “LAER” has the meaning given in 

40 C.F.R. 51.165(a)(1)(xiii), adopted by reference in 18 AAC 50.040; 

(51) "maintenance area" means a geographical area that EPA previously designated 

as a nonattainment area and subsequently designated as an "attainment area" under 

42 U.S.C. 7407(d)(3) (Clean Air Act, sec. 107(d)(3)); 

State effective: 10/1/04; EPA effective: 9/13/07 

(52) “major stationary source” means 

(A) for the purposes of 18 AAC 50.306, a stationary source or physical change 

that meets the definition of “major stationary source” under 40 C.F.R. 

51.166(b)(1); 
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 91 

State effective: 12/9/10; EPA effective: 11/21/12 

(B) for the purposes of 18 AAC 50.311, a stationary source or physical change 

that meets the definition of “major stationary source” under 40 C.F.R. 

51.165(a)(1)(iv); 

State effective: 10/1/04; EPA effective: 9/13/07 

(53) “major modification” means 

(A) for the purposes of 18 AAC 50.306, a change that meets the definition of 

“major modification” under 40 C.F.R. 51.166(b)(2); 

State effective: 12/9/10; EPA effective: 11/21/12 

(B) for the purposes of 18 AAC 50.311, a change that meets the definition of 

“major modification” under 40 C.F.R. 51.165(a)(1)(v); 

(54) “make fast to the shore” means to secure the last line necessary to secure a 

vessel in its berth; 

(55) "marine vessel" means a seagoing craft, ship, or barge; 

(56) “maximum achievable control technology” or “MACT” means a maximum 

achievable control technology emission limitation defined in 40 C.F.R. 63.51, 

adopted by reference in 18 AAC 50.040, for a new or existing source; 

(57) "maximum true vapor pressure" means the equilibrium partial pressure exerted 

by a stored liquid at the local maximum monthly average temperature reported by the 

National Weather Service; 

(58) “minor permit” means a permit issued under 18 AAC 50.502 – 

18 AAC 50.560; 

(59) "modification" or "modify" has the meaning given to “modification” in 

AS 46.14.990; 

(60) “Nikiski Industrial Area” means the area of the Kenai Peninsula within Sections 

21, 22, 27, and 28, Township 7 North, Range 12 West, Seward Meridian; 

(61) "nonattainment air pollutant" means the air pollutant for which a particular area 

has been designated by the federal administrator as nonattainment in 40 C.F.R. 

81.302; 

(62) “nonattainment area” means, for a particular air pollutant, an area designated as 

nonattainment for that air pollutant; 

(63) "nonroad engine" has the meaning given in 40 C.F.R. 89.2, as revised as of July 

1, 2003, adopted by reference; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 92 

(64) "nonroutine repair" means an immediate repair to correct an unavoidable 

emergency or malfunction; 

(65) "open burning" means the burning of a material that results in the products of 

combustion being emitted directly into the ambient air without passing through a 

stack, flare, vent, or other opening of an emission unit from which an air pollutant 

could be emitted; 

(66) "operator" has the meaning given in AS 46.14.990; 

(67) "organic vapors" means any organic compound or mixture of compounds 

evaporated from volatile liquid or any organic compound or mixture of compounds in 

aerosols formed from volatile liquid; 

(68) “ORL” means owner requested limit; 

(69) "owner" has the meaning given in AS 46.14.990; 

(70) “PAL major modification” has the meaning given in 40 C.F.R. 

52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040; 

(71) "particulate matter" means a material, except water, that is or has been airborne 

and exists as a liquid or solid at standard conditions; 

(72) "permit" includes all of the elements described in the definitions of 

"construction permit" and "operating permit" in AS 46.14.990, and the same elements 

as they occur in a minor permit under AS 46.14.130(c); 

(73) "person" has the meaning given in AS 46.14.990; 

(74) "petroleum refinery" means a stationary source engaged in the distillation of 

petroleum or re-distillation, cracking, or reforming of unfinished petroleum 

derivatives; 

(75) “plantwide applicability limitation” or “PAL” means an emission limitation 

expressed in tons per year, for an air pollutant at a major stationary source, that is 

enforceable as a practical matter and established source-wide in accordance with 40 

C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040; 

(76) "PM-10" means particulate matter with an aerodynamic diameter less than or 

equal to a nominal 10 micrometers; 

(77) “pollution control project” or “PCP” has the meaning given in 40 C.F.R. 

52.21(b)(32), adopted by reference in 18 AAC 50.040;
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 93 

(78) “Port of Anchorage stationary source” means a stationary source located in the 

Port of Anchorage that contains one or more emission units subject to a standard in 

18 AAC 50.085 or 18 AAC 50.090; 

(79) “potential emissions” has the meaning given to the term "potential to emit" in 

AS 46.14.990; 

(80) "potential to emit" has the meaning given in AS 46.14.990; 

(81) "ppm" means parts per million; 

(82) "practical means available" means, when approving the open burning of liquid 

hydrocarbons produced during oil or gas well testing, that all alternative disposal 

methods will have been analyzed and, where an environmentally acceptable 

procedure exists, that procedure will be required; 

(83) “project” means a physical change or change in the method of operation of an 

existing stationary source; 

(84) “PSD” means prevention of significant deterioration; 

(85) “PSD permit” means a permit required under 18 AAC 50.306; 

(86) "putrescible garbage" means material capable of being decomposed with 

sufficient rapidity to cause nuisance or obnoxious odors; 

(87) "rated capacity" means the maximum sustained capacity of the equipment based 

on the fuel or raw material, or combination of fuels or raw materials, that is actually 

used and gives the greatest capacity; 

(88) "reconstruct" and “reconstruction” have the meaning given “reconstruction” in 

40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040; 

(89) "reduction in visibility" means the obscuring of an observer's vision; 

(90) "regionally significant project" has the meaning given in 40 C.F.R. 93.101 

adopted by reference in 18 AAC 50.710; 

(91) "regulated air pollutant" has the meaning given in AS 46.14.990; 

State effective: 10/1/04; EPA effective: 9/13/07 

(92) “regulated NSR pollutant” has the meaning given in 40 C.F.R. 51.166(b)(49); 

State effective: 12/9/10; EPA effective: 11/21/12 

(93) "responsible official" means 

(A) for a corporation, a president, secretary, treasurer, or vice-president of the 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 94 

corporation in charge of a principal business function, or any other person who 

performs similar policy or decision making functions for the corporation, or a 

duly-authorized representative of that person if the representative is responsible 

for the overall operation of one or more manufacturing, production, or operating 

facilities applying for or subject to a permit under AS 46.14 or this chapter, and 

(i) the facilities employ more than 250 persons or have gross annual sales or 

expenditures exceeding $25 million in second quarter 1980 dollars; or 

(ii) the delegation of authority to the representative is approved in advance by 

the department; 

(B) for a partnership or sole proprietorship, a general partner or the proprietor, 

respectively; and 

(C) for a public agency, a principal executive officer or ranking elected official; 

for the purposes of this chapter, a principal executive officer of a federal agency 

includes the chief executive officer with responsibility for the overall operations 

of a principal geographic unit in this state; 

(94) “reviewing authority” means the department; 

(95) “rig day” means each calendar day that a single drill rig is drilling or testing an 

oil or gas well in normal operation or standby service; “rig day” does not include a 

day when 

(A) equipment is not operating; or 

(B) only light plants are operating; 

(96) "scheduled maintenance" means activities planned in advance designed to keep 

equipment in good working order; 

(97) "shutdown" means performing all activities necessary to cease operation of a 

source; 

(98) "small business facility" has the meaning given in AS 46.14.990; 

(99) "smolder" means to burn and smoke without flame; 

(100) “soot-blowing” means using steam or compressed air to remove carbon from a 

furnace or from a boiler’s heat transfer surfaces; 

(101) "stack" has the meeting given in AS 46.14.990; 

(102) "standard conditions" means dry gas at 68o F and an absolute pressure of 760 

millimeters of mercury; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 95 

(103) "startup" means 

(A) for an internal combustion engine aboard a marine vessel, the point in 

time that emissions begin to exit from the vessel as a result of igniting the 

engine; and 

(B) for all other sources, the setting into operation of a source for any reason; 

(104) "state air quality control plan" means the plan adopted by reference in 

18 AAC 50.030; 

(105) “stationary source” has the meaning given in AS 46.14.990; 

(106) "technology-based emission standard" means 

(A) a best available control technology standard with the meaning given in 

40 C.F.R. 52.21(b)(12), adopted by reference in 18 AAC 50.040; 

(B) a lowest achievable emission rate (LAER) standard; 

(C) a maximum achievable control technology standard established under 40 

C.F.R. Part 63, Subpart B, adopted by reference in 18 AAC 50.040(c); 

(D) a standard adopted by reference in 18 AAC 50.040(a) or (c); and 

(E) any other similar standard for which the stringency of the standard is 

based on determinations of what is technologically feasible, considering 

relevant factors; 

(107) “temporary construction activity” means construction that is completed in 24 

months or less from the date construction begins; “temporary construction activity” 

includes any period of inactivity during that 24-month period; 

(108) “thermal soil remediation unit” means a stationary source that causes 

petroleum contamination to be desorbed from soils by heating the soil in a kiln; 

(109) “Title I permit” means a 

(A) permit issued under 18 AAC 50.306, 18 AAC 50.311, 

18 AAC 50.316, or 18 AAC 50.502 – 18 AAC 50.560; 

(B) construction permit issued before October 1, 2004; or 

(C) permit to operate issued before January 18, 1997; 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 96 

(110) “Title V permit” means a permit required by AS 46.14.130(b); 

(111) “Title V source” means a stationary source classified as needing a permit 

under AS 46.14.130(b); 

(112) “TPY” has the meaning given in AS 46.14.990; 

(113) "total suspended particulate" or "TSP" means particulate matter as measured 

by a method specified in the department’s Air Quality Assurance Manual for Ambient 

Air Quality Monitoring, adopted by reference in 18 AAC 50.030; 

(114) "uncontaminated fuel" means a hydrocarbon fuel, excluding propane, that does 

not contain used oil, crude oil, or a hazardous waste; 

(115) "upset" means the sudden failure of equipment or a process to operate in a 

normal and usual manner. 

(116) "vapor collection system" means all equipment, ducts, piping, valves, and 

fittings necessary to prevent organic vapors displaced at a loading rack from being 

emitted into the atmosphere; 

(117) "vapor-laden delivery tank" means a delivery tank that is being loaded with 

volatile liquid or that was loaded with volatile liquid during the immediately 

preceding load; 

(118) "volatile liquid" means a liquid compound or mixture of compounds that exerts 

a maximum true vapor pressure of 0.5 pounds per square inch or more; 

(119) "volatile liquid loading rack" means all equipment, loading arms, piping, 

meters, and fittings used to fill delivery tanks with volatile liquid; 

(120) "volatile liquid storage tank" means any stationary storage vessel that contains 

a volatile liquid; 

(121) “volatile organic compound” or “VOC” has the meaning given in 40 C.F.R. 

51.100(s), as revised as of July 1, 2004 and adopted by reference; 

(122) “weighing anchor” means to begin heaving in the anchor with intent to retrieve 

it and get underway, regardless of how the chain tends when heaving in begins; 

(123) "wood-fired heating device" means a device designed for wood combustion so 

that usable heat is derived for the interior of a building; “wood-fired heating device” 

includes wood-fired stoves, fireplaces, wood-fired cooking stoves, and combination 

fuel furnaces or boilers that burn wood; “wood-fired heating device” does not include 

a device that is primarily a part of an industrial process and incidentally provides 

usable heat for the interior of a building. 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 97 

(124) “portable oil and gas operation” means an operation that moves from site to 

site to drill or test one or more oil or gas wells, and that uses drill rigs, equipment 

associated with drill rigs and drill operations, well test flares, equipment associated 

with well test flares, camps, or equipment associated with camps; “portable oil and 

gas operation” does not include well servicing activities; for the purposes of this 

paragraph, “test” means a test that involves the use of a flare; 

(125) “well servicing activities” means the use of portable equipment for servicing 

existing oil and gas wells that only stays on site for short and varying periods of time; 

“well servicing activities” includes the use of 

(A) coiled tubing units; 

(B) well frac units; 

(C) well slickline units; 

(D) well hot oil units; 

(E) well wireline units. 

State effective: 10/1/04; EPA effective: 9/13/07 

(129) “ozone” means a colorless gas that has a pungent odor and the molecular form 

O3. State effective: 4/1/10; EPA effective: 11/21/12